Non-compliance with bail conditions in non-bailable offences under the NDPS Act justifies dismissal of bail applications.

JUDGMENT :

Virender Singh, J.

Applicant-Ifeanyi Frank, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, in a case, arising out of FIR No.73/2019, dated 20^th September, 2019, registered with Police Station, Kandaghat, District Solan, H.P., under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and Sections 3 and 14 of the Foreigners Act.

2. According to the applicant, he has falsely been named and arrested, in the present case.

3. As per the applicant, he is innocent person and has falsely been implicated, in this case, as, he has nothing to do with the alleged offence.

4. It is the further case of the applicant that the police has recovered 52.60 grams of Chitta/Heroin, from one Wasudhir and on the disclosure statement of said Wasudhir, applicant was arrested on 24.09.2019. Further, there was alleged recovery of 14.3 grams of Heroin from Delhi.

5. According to the applicant, he has applied for regular bail, before the learned Special Judge, Solan, which was rejected and thereafter, the applicant had filed the bail application before this Court, bearing Cr.MP(M) No.232 of 2022, which was allowed on 03.07.2020 and the applicant was released on bail.

6. According to the applicant, thereafter, he was again went to Delhi and due to Covid-19 Pandemic, he could not appear before the learned trial Court and due to miscommunication between the learned counsel and the applicant, the trial Court had declared him, as proclaimed offender on 16.10.2023.

7. It is the further case of the applicant that in the interregnum, some locals have beaten him and he remained admit in Hospital at Delhi. When, he was admitted in the Hospital at Delhi, police inquired from the applicant about pendency of any case, upon which, he has disclosed that a trial is pending against him in Himachal. Thereafter, the police has inquired and it was found that he has already been declared, as, proclaimed offender, as such, he was shifted to Central Jail, Tihar. Thereafter, he was transferred to Model Central Jail, Kanda on 30.09.2024.

8. According to the applicant, due to the above mentioned reasons, he could not appear before the learned trial Cout and has been declared, as, proclaimed offender.

9. Thereafter, the applicant has again moved an application for bail, before the Court of learned Special Judge-III, Solan, District Solan, however, his application was dismissed vide order dated 16.12.2024.

10. On the basis of the above facts, a prayer has been to release the applicant, on bail, during the pendency of the trial.

11. When put to notice, the police has filed the status report, disclosing therein that on 20.09.2019, SI Sanjay Kumar, Incharge SIU, has submitted a rukka, disclosing therein that the I.O. on 20.09.2019, at about 8.45 p.m., along with other police official, was on patrolling duty to detect the crime relating to excise and narcotic drugs and they were present at the road leading to JP University at Rawali.

11.1. At about 8.55 p.m., the police party noticed a young man, having rucksack, on his back. The I.O., called the said young man, and he, at once, turned back and tried to flee away, upon which, the I.O. had developed suspicion, in his mind that the said person might have some stolen article in his possession. As such, he was nabbed, with the help of other police officials.

11.2. Meanwhile, a car bearing No.HP52A-8192, being driven by its driver, came there and was signaled to stop, in which, two persons; namely, Lila Dutt Sharma and Devender Kumar, were there. They were associated in the investigation, as, an independent witnesses.

11.3. Thereafter, the rucksack, carried by Wasudhir, was searched. On search, it was found containing 52.60 grams of Chita/Heroin. Other codal formalities were completed and accused Wasudhir was arrested.

11.4. During the