The court ruled that the rigours of Section 37 of the ND&PS Act do not apply as the quantity of heroin is less than commercial, allowing bail with conditions.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition to seek regular bail. It has been asserted that the petitioner was arrested vide FIR No. 104 of 2024, dated 28^th November 2024, for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (ND&PS Act), registered at Police Station Parwanoo, District Solan, H.P. According to the prosecution, the petitioner was found in possession of 20.01 grams of heroin. The police have filed a charge sheet before the learned Special Judge, Solan. No recovery is to be made from the petitioner. The petitioner is innocent and has been falsely implicated. The petitioner will adhere to the terms and conditions, which the Court may impose. The petitioner was arrested on 28^th November 2024, and his trial has not yet commenced. The matter was listed on 15^th March, 2025 for consideration of charge. Hence, the petition.

2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 28.11.2024. When they reached near Sabzi Mandi, Parwanoo, at about 6.00 PM, HC Manoj Kumar received a secret information that the petitioner was travelling in a bus bearing registration No. HP-63A-4178. He was transporting a huge quantity of heroin. The information was credible. It was reduced into writing and was sent to a supervisory ofÏcer. The police stopped the bus at 6.45 PM. The police checked the passengers in the presence of the driver and conductor. The petitioner was found on Seat No. 30. He had a pink backpack. The police checked the backpack and found 20.01 grams of heroin in it. The police arrested the petitioner and seized the heroin. It was sent to FSL for analysis and was found to be Diacetylmorphine (heroin). The statements of witnesses were recorded as per their version. The charge sheet was filed before the Court. The matter was listed before the learned Trial Court on 15.3.2025.

3. I have heard Mr. Parikshit Rathour, learned counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General, for the respondent-State.

4. Mr. Parikshit Rathour, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The quantity of heroin stated to have been recovered from the possession of the petitioner is less than the commercial quantity, and the rigours of Section 37 of the ND&PS Act do not apply to the present case. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Prashant Sen, learned Deputy Advocate General for the respondent-State, submitted that the petitioner was found in possession of 20 grams of heroin which could not have been for his consumption. Heroin is adversely affecting the younger generation. The petitioner would indulge in the commission of a similar crime in case of release on bail. Hence he prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

7. The parameters for granting bail were considered by the Hon’ble Supreme Court in Ramratan v. State of M.P. , 2024 SCC OnLine SC 3068 , wherein it was observed as follows: -

“12. The fundamental purpose of bail is to ensure the accused's presence during the investigation and trial. Any conditions imposed must be reasonable and directly related to this objective. This Court in Parvez Noordin Lokhandwalla v. State of Maharastra (2020) 10 SCC 77 observed that though the competent court is empowered to exercise its discretion to impose “any condition” for the grant of bail under Sections 437(3) and 439(1)(a) CrPC, the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice. The relevant observations are