The court ruled that continued detention is unwarranted when investigation is complete and no prior cases exist against the applicant, emphasizing the presumption of innocence.

JUDGMENT :

Virender Singh, J.

1. Applicant Rakesh Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 202 of 2024, dated 7.11.2024, registered under Sections 18 and 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ND & PS Act), with Police Station, Dharamshala, District Kangra, H.P.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police.

3. The applicant has further pleaded that investigation, in the present case, is complete, as Police has submitted the charge-sheet against him.

4. All these facts have been pleaded to demonstrate that custodial interrogation of the applicant is no longer required by the Police, and no useful purpose would be served by keeping him in judicial custody.

5. The applicant has tried his luck by moving bail application bearing No. 5-D/XXII/2025, before the Court of learned Special Judge-II, Kangra at Dharamshala, District Kangra, H.P., however, the same has been dismissed, on 23.1.2025.

6. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.

7. On these submissions, a prayer has been made to allow the bail application.

8. When put to notice, the police has filed the status report, disclosing therein, that on 7.11.2024, ASI Tej Singh alongwith other police officials was on patrolling duty. At about 2:00 p.m., when, he reached at Cantonment By Pass road near Volvo Bus stand, then, he noticed a Volvo bus (colour white) parked on the side of the road. Two persons were there, who were unloading the luggage from the said bus. Apart from this, he also noticed a person standing by the side of the bus, who was carrying a Grey coloured rucksack on his back.

9. On seeing the Police, the aforesaid person, tried to flee away, whereas, two other persons were doing their work, as usual.

9.1 The activities of the person, who was carrying the rucksack, developed suspicion in the mind of the I.O., as such, he, with the help of other police officials, nabbed the said person. Thereafter, the persons who were unloading the luggage from the vehicle, namely Tenzin Thai and Ashwani Kumar @ Sundari were associated as independent witnesses. In the presence of independent witnesses, name of person, who had made efforts to flee away, was inquired. On inquiry, he disclosed his name as Rakesh Kumar (applicant). He shown his reluctance to unzip the rucksack, upon which, the I.O. unzipped the rucksack, which was found containing currency notes of denomination of Rs. 500/-. On searching the bag, 1 gram of opium and 9 grams of chitta/heroin was found. The currency notes, on counting, were found to be Rs.40,00,000/-.

9.2 Thereafter, the I.O. prepared the ruqua and submitted the same to the Police Station for registration of the FIR, upon which, the FIR No. 202 of 2024, dated 7.11.2024, under Sections 18 and 21 of the NDPS Act and Section 318 (4) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), was registered. Thereafter, the applicant was arrested. The currency notes, as well as, the contraband, were taken into possession.

9.3 During investigation, it was found that an amount of Rs. 40,00,000/- was sent by Ashwani Kumar, S/o Madan Lal, R/o H.No. B-1/451, New Delhi, for construction of the hotel. Later on, on the basis of documents, the Police has deleted the provisions of Section 318 (4) of the BNS.

9.4 Lastly, it has been pleaded in the status report that investigation, in the present case, is almost complete and charge sheet has been submitted in the Court of learned ASJ-I, Dharamshala, H.