The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.

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-Rajmal has sought his release, on bail, during the pendency of the trial, in case FIR No.22 of 2024, dated 28.01.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar Mandi, District Mandi, H.P.

2. According to the applicant, he is innocent person and has falsely been arrested, in this case, by the police. He has termed the case of the police as ‘false and frivolous’.

3. As per the applicant, there is violation of Section 52A of the NDPS Act, in this case.

4. It is the case of the applicant that he has been arrested, in this case, on the statement of main accused, which cannot be used against him.

5. It has also been argued that the applicant has filed CrMMO No.948 of 2024, titled as ‘Rajmal Vs. State of H.P.’, before this Court, challenging the report of SFSL and this Court has stayed the further proceedings in the trial, against him.

6. Apart from this, learned counsel 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.

7. On the basis of above facts, Mr. Y. Gupta and Mr. Bhupinder Singh Ahuja, Advocates, appearing for the applicant, have prayed that the present bail application may be allowed.

8. When, put to notice, police has filed the status report, disclosing therein, that on 28.01.2024, HC Bhanu Pratap No.34 has submitted a ruqqa to the Police Station Sadar, Mandi, mentioning therein that on 27.01.2024, IO, along with other police officials, had left the Police Station for patrolling and picketing duty.

9. It is the case of the police that at about 10:05 pm, when, they were present at rain shelter, near Victoria Bridge, Mandi then, a secret information was received by the I.O., regarding the fact that two persons namely Chiranji Lal and Rajmal (applicant) are doing illegal business of selling heroin and they are coming in car, bearing registration No.HP76-2450 make Etios, from Padhar to Mandi side and if, the said vehicle is intercepted, then, large quantity of heroin could be recovered. The said information was found to be authentic and reliable and according to the I.O., the Court premises were situated at a considerable time and being odd hours of the night, it was not possible for police party to obtain search warrant or authorization. According to the Investigating Officer, in case of delay, there were chances that the contraband could be removed. As such, IO has complied with Section 42(2) of the NDPS Act and submitted the report to Additional S.P. In addition to this, IO has also apprised telephonically to Additional S.P. and requested him to send the independent witnesses.

10. Thereafter, he has associated one person as independent witness. The drivers of the vehicles, which were passing through there, although, requested to join the police team as independent witnesses, but, all of them had shown their personal inability. Meanwhile, at about 10:45 pm, car, bearing registration No.HP76-2450, came there from Padhar side, to which, IO gave signal to stop. Consequently, the driver of the said vehicle stopped the same on the left side of the road. Apart from the driver, another person was also found sitting next to him.

11. It is the further case of the police that in the meantime, Naib Tehsildar, Sadar Mandi also reached there, who had been requested by the Additional S.P. to become the independent witness. The said Naib Tehsildar disclosed his name as Jagdish Chand and another person disclosed his name as Hitesh Sharma. Both of them were apprised about the secret information. In their presence, names and addresses of the persons, who were found sitting in the car, were ascertained. On enq