Concealment of prior criminal cases disqualifies an applicant from bail under the NDPS Act, despite the completion of the investigation.

JUDGMENT :

Virender Singh, J.

Applicant-Trilok Negi, 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, in case FIR No.224 of 2024, dated 20.12.2024, registered under Sections 21 and 29 of the Narcotic Drugs & PsychotropicSubstances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Dhalli, District Shimla, H.P.

2. According to the applicant, he is innocent person and has nothing to do with the offence, for which, he has been named as accused.

3. As per the applicant, during investigation, the police could not collect any evidence, connecting the applicant with the commission of the alleged crime, for which, he has been arrested by the police.

4. It is the further case of the applicant that investigation, in the present case, is complete, as such, no useful purpose would be served by keeping him in judicial custody.

5. As per the applicant, he is the sole bread earner of his family and due to his incarceration, his family is at the verge of starvation.

6. The applicant has sought the relief of bail on the ground of parity as his co-accused has already been released on bail by the learned Special Judge, Shimla.

7. Applicant has also tried his luck before the learned Special Judge, under ND& PS Act (CBI Court), Shimla, District Shimla, H.P., by moving similar application, however, the said bail application has been dismissed, vide order, dated 24^th January, 2025.

8. On the basis of the above facts, Mr. Ankit Chauhan, 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.

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

10. When put to notice, the police has filed the status report disclosing therein, that on 20.12.2024, HC Puneet Sharma No.54 I.O., Special Cell Shimla submitted a rukka to the Police Station, Dhalli, disclosing therein that he, along with other police officials was on patrolling duty at Sanjauli towards Dhalli.

10.1. At about 3.30. p.m., when they were present near Dhalli tunnel, then he received an information from his source with regard to the fact that three persons are dealing with the sale and purchase of Chitta in the room in Ahaluwalia building near transformer and in case, the said room is raided, then, those persons could be nabbed along with Chitta.

10.2. The said information was found to be authentic and reliable. As per the I.O., in case, he would have obtained search warrants, in that situation, the accused, as well as, the contraband could not be found there. As such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer.

10.3. Thereafter, the police party had left towards the spot. On the way, they had associated Om Prakash Sharma and Rajinder Chauhan, as independent witnesses, after apprising them about the secret information. Thereafter, they had reached at the spot.

10.4. When the police party reached on the 4^th floor of Ahaluwalia Building, then the I.O. had knocked the door, which was opened by one Sandeep, care taker of the PG. He was also apprised about the secret information, which the I.O. had received.

10.5. The said care taker also confirmed the fact that in one room of the PG , three persons are sitting. When, the Police, along with independent witnesses, reached at the door of said room, the same was found to be bolted from inside. When the door was knocked, the same was opened. On opening, the police noticed three persons inside the room.

10.5. Out of the persons, who were found behind the person, who had opened the door, one had fled away from the window of washroom. Other two persons were directed to go out from the room. Afte