Concealment of material facts in a bail application disqualifies an applicant from receiving bail, especially in drug-related offenses.

JUDGMENT :

Virender Singh, J.

Applicant-Joginder Singh @ Rinku, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the trial, in case FIR No.117 of 2024, dated 02.08.2024, registered under Sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Rohru, District Shimla, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, at the instance of Police, for allegedly possessing 15.15 grams of Chitta/Heroin.

3. As per the applicant, investigation in the present case is complete, as, the applicant is in judicial custody, for the last seven months. According to him, there is delay in the trial.

4. Applicant has also tried his luck, by moving similar application, before the Court of learned Special Judge, Rohru, District Shimla, H.P., however, the said application has been dismissed, vide order, dated 27^th September, 2024.

5. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

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

7. When put to notice, the police has filed the status report disclosing therein, that on 02.08.2024, ASI Ashok Kumar, I.O., Police Station, Rohru submitted a rukka to the Police Station, disclosing therein that he, along with other police officials, was on traffic checking duty and duty to maintain law and order, as well as, to detect the crime, relating to excise and narcotic.

7.1. At about 12.45. p.m., when, the police party was present near Mehandali, then, the I.O. received a secret information regarding indulgence of Joginder Singh @ Rinku (applicant) and Anup Kumar, in the business of Chitta/Heroin. According to the informant, they are coming from Khara Pathar in a vehicle (Alto 800), bearing registration No.HP06B-1034 and moving towards Rohru. According to the information, they are carrying Chitta/ Heroin with them and in case, the said vehicle is searched, then, large quantity of Chitta could be recovered.

7.2. The said information was found to be authentic and reliable. As per the I.O., due to paucity of time, in case, he would have obtained search warrants, in that situation, the possibility of removal of the contraband was there. As such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act and submitted the requisite information to SDPO Rohru, through HC Sawan.

7.3. Thereafter, the I.O., along with other police official, had proceeded towards Patsari. They had associated Kshitij Tegta and Sonu Brakta, as independent witnesses, after apprising them about the secret information.

7.4. At about 1.50 p.m., vehicle No.HP06B-1034, being driven by its driver, came there, which was signalled to stop. Two persons were found sitting in the said car. On inquiry, the person, who was on the wheel, disclosed his name as Joginder Singh @ Rinku (applicant)/accused and the person, sitting on the front seat, disclosed his name as Anup Kumar (accused).

7.5. According to the I.O., both the persons sitting in the vehicle were found perplexed. Thereafter, in the presence of the independent witnesses, their vehicle was searched. During search of the vehicle, Chitta/Heroin, weighing 15.15 grams, was found. Consequently, the said contraband was taken into possession and rukka was sent to the Police Station for registration of the FIR. Accused persons were arrested.

11. After completion of the codal formalities, the contraband, so recovered, was sent to SFSL Junga. After receiving positive report, the police filed the charge sheet against the accused, which is now stated to be pending before the Court of learned Special Judge, Rohru and fixed for PWs.

12. It has been mentioned in the status report that out of