The court ruled that the applicant's release on bail would pose a risk to society, given his history of drug-related offenses and the potential for recidivism.

JUDGMENT :

Virender Singh, J.

Applicant-Pawan Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’), with a prayer to release him on bail, during the pendency of the trial, in case FIR No.180 of 2024, dated 06.11.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Kangra, District Kangra, H.P.

2. According to the applicant, he is innocent person and has falsely been named and arrested, in this case, for allegedly possession 26.10 grams of Chitta/Heroin.

3. As per the applicant, investigation, in this case, is complete and no useful purpose would be served, by keeping the applicant, in the judicial custody, as, there is no likelihood of conclusion of trial, against him, in near future. The applicant is stated to be in judicial custody for the last more than three months.

4. The applicant has also tried his luck, by moving a similar application, before the learned Special Judge-II, Kangra at Dharamshala, District Kangra, bearing Bail Application No.23 of 2025, however, the said application was dismissed on 23.01.2025.

5. On the basis of the above facts, Mr. J.L. Bhardwaj, learned Senior Advocate assisted by Mr. Sanjay Bhardwaj, Advocate has prayed that the application may kindly be allowed and the applicant may kindly be released on bail during the pendency of the trial.

6. When put to notice, the police has filed the status report, disclosing therein, that on 06.11.2024, SI Gurdev Singh, Investigation Officer, Police Station, Kangra, has submitted a rukka to the police station for the registration of the FIR, mentioning therein that he, along with other police officials, was on patrolling duty in order to detect crime relating to narcotic drugs. At about 09.30. a.m., when, the police party was present at a place known as ‘Baudar Balla’, then, the I.O. received a secret information, with regard to the fact that the applicant and his wife are indulged in the business of selling Chitta/ Heroin, from their house and as per the informant, in case, their house is searched, then, large quantity of Chitta can be recovered.

6.1. The said information was found to be authentic and reliable. As per the I.O., in case, he would have obtained search warrants, in that situation, there was possibility of removal of contraband. As such, the I.O., complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer.

6.2. Thereafter, the I.O. has associated independent witnesses, after apprising them about the secret information.

6.3. Subsequently, the I.O., along with other police officials, as well as, the independent witnesses, reached at the house of Pawan Kumar (applicant). Pawan Kumar (applicant) and his wife were found present. They were apprised about the secret information, which the I.O. had received and the house was searched.

6.4. During search of the house, Chitta/Heroin was found from the basket put on the refrigerator in the kitchen. On weighment, it was found to be 26.10. grams. Apart from this, gold jewelry weighing 241.200 grams and silver weighing 1207 grams, currency notes of Rs.44,580/- in the denomination of 10/-, 20/-, 50/-, 100/-, 200/- and 500/- were found.

7. After completion of the codal formalities, the FIR, in question, was registered, against the accused persons and the criminal machinery swung into motion.

8. The contraband, along with other case property, was taken into possession and the accused persons were arrested.

9. During investigation, accused Pawan Kumar (applicant) and Neena Devi, disclosed that they used to sell Chitta @ Rs.3,000/- per half gram. Accused Pawan Kumar (applicant) has disclosed that he has purchased the Chitta from Deepak, who belongs to Hoshiarpur (Punjab).

Thereafter, Deepak was arrested, in this case.

10. As per the status report, the following five cases are found t