Bail cannot be denied based on punishment; presumption of innocence prevails unless proven guilty, especially when the contraband does not meet the commercial quantity threshold.

JUDGMENT :

Virender Singh, J.

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Anu has sought his release, on bail, during the pendency of the trial, in case FIR No.368 of 2024, dated 12.11.2024, registered under Sections 21, 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), Section 184 of the Motor Vehicles Act (hereinafter referred to as the ‘MV Act’) and Section 25-54- 59 of the Arms Act, with Police Station Una, District Una, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated and wrongly arrested in the above-noted case. According to him, he has nothing to do with the offences, for which, he has been arrested by the police. Investigation of the case is also stated to be completed.

3. As per applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Una, District Una, Himachal Pradesh. However, the same was dismissed vide order dated 10.12.2024.

4. Apart from this, Mr. Mohit Jaitak, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

5. On the basis of the above facts, a prayer has been made to allow the bail application.

6. When, put to notice, the police has filed the status report, disclosing therein, that on 11.11.2024, HC Kamal Dev, along with other police officials, had left the Police Station for night patrolling duty. They had led a picketing near the railway crossing at Kotla Kalan for checking the drunken driving.

7. It is the case of the police that at about 09:40 pm, IO noticed one car, being driven by its driver, coming from Bangana to Una side, upon which, signal to stop was given and on seeing the police party there, at the spot, driver of the said vehicle, all of a sudden, reversed his vehicle and tried to flee away from the spot. However, due to heavy traffic, he could not do so. As such, the said vehicle was intercepted by the police. Registration number of the car was found to be PB10-FC-9634, make i20.

8. Subsequently, another vehicle No.HP20-H-5726, make Swift, also reached at the spot. Name of the driver and other occupant of the said vehicle was enquired, who had disclosed their name as Deep Singh and Varun Bhardwaj. Both of them were associated in the investigation of the case and thereafter, name of driver of car bearing registration No.PB10-FC-9634 was enquired, who disclosed his name as Anu S/o Balvir (applicant) and the person, sitting next to him, disclosed his name as Gurpreet Singh.

9. Thereafter, the said car was searched and during search, an iron khanda (a religious symbol of Sikh) was found, length of which was found to be 36 inches and length of edge of the same was found to be 29 inches. Apart from this, from the dashboard of the vehicle, chitta, weighing 32 gms, was also recovered. Other codal formalities were completed.

10. Thereafter, the FIR in question has been registered. Both the accused persons were arrested.

11. The contraband, so recovered, was sent to SFSL, Junga, for chemical analysis, from where, positive report was received.

12. It is the further case of the police that when, the verification was done, it was found that against applicant- Anu, vide FIR No.63/2022, a case, under Sections 323, 324, 325, 326 of IPC, has been registered with Police Station Begowal, District Kapurthala, Punjab.

13. According to the status report, investigation in the present case is complete, as, the police has submitted the charge-sheet in the Court of learned Sessions Judge, Una, District Una, H.P. and the case is now stated to be fixed for 20.03.2025 for checking the copy of challan.

14. On the basis of the above facts, a prayer has been made to dismiss the application.

15. Heard.

16. In this