The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.

JUDGMENT :

(Virender Singh, J.)

Applicant Varinder Kumar @ Bindu has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the BNSS’), for releasing him, on bail, during the pendency of the trial, in case FIR No.125 of 2023, dated 15.9.2023, under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS’) registered with Police Station, Gagret, District Una, H.P.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated in the present case, as, he has nothing to do with the alleged offence.

3. As per the applicant, he is permanent resident of the address, as mentioned, in the application, and is having deep roots in the society.

4. It is the further case of the applicant that he was Chairman of the notified area Committee, Gagret and has close affinity with the former MLA of the constituency. These facts have been pleaded in order to show that being member of the party of opposition, he has been made scapegoat, by the Police and is being victimized.

5. According to the applicant, the alleged consignment was in the name of M/s Dutta Medicine Gagret, and he has no concern with the same. The alleged recovery has been made from vehicle No.HP 36- B-8124, being driven by Maan Singh and accompanied by Mahasu Ram.

6. After registration of the FIR, bank accounts of the applicant, as well as, his wife, are stated to have been frozen.

7. On the basis of above facts, the applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, released on bail.

8. The applicant has earlier tried his luck by moving similar application bearing Cr.MP(M) No.2622 of 2023, which was dismissed, by this Court, on 27.12.2023.

9. Another ground, upon which, the relief of bail has been sought, is that the investigation, in the present case, is complete and as such, according to the applicant, his judicial custody is nothing, but pre-trial punishment, which is prohibited under the law.

10. On these submissions, a prayer has been made to allow the bail application.

11. When put to notice, police has filed the status report, disclosing therein, that on 15.9.2023, Additional Superintendent of Police Shri Rajender Kumar, ANTF Kangra, has submitted the ruqua to Police of Gagret, for the registration of the FIR. In the ruqua, it has been mentioned by the Additional Superintendent of Police, Shri Rajender Kumar, ANTF, Kangra that he, alongwith other police officials, was on patrolling duty and the duty to detect the crime, relating to narcotic drugs.

11.1. On 15.9.2023, at about 7: 30 p.m., the I.O. was present on the gate of Shiv Bari temple. At that time, he received a secret information, with regard to indulgence of one Varinder Kumar @ Bindu (applicant), s/o Shri Vikram Chand, R/o ward No. 5, NAC Gagret, Tehsil Ghanari, District Una, in the business of selling the narcotic substance.

11.2. As per the information, a big haul of the medicines was being transported in pick-up No.HP- 36B-8124 to his residential house from Army Ground, Gagret. The said information was found to be authentic and reliable. It has also been informed that in case, the said vehicle is checked, large quantity of the narcotic substances, could be recovered.

11.3. It is the further case of the I.O. that in case, the efforts to obtain the authorization letter/search warrant would have been made, in that eventuality, contraband could be removed. Thereafter, Drug Inspector Rajat Sharma was informed and asked to come near the Army Ground. Thereafter, the I.O. alongwith the police officials had proceeded towards the Army Ground, Gagret. The information, under Section, 42(2) of the NDPS Act, was prepared and was submitted to SDPO, Amb, through LHC Aruna Kumari, ANTF, Kangra.

11.4. When, the I.O., along with police officials, reached outside the Army Ground, Gagret, at about 8:10 p.m, he noticed two perso