The court ruled that the applicant's possession of poppy husk does not meet the commercial quantity threshold, allowing bail under stringent conditions.

JUDGMENT :

Virender Singh, J.

1. Applicant-Jaswinder Singh, 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.90 of 2024, dated 28.10.2024, registered under Section 15 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Mehatpur, District Una, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated and arrested, bythe Police, in the present case, for allegedly possessing25.240 kilograms of poppy husk.

3. It is the further case of the applicant that the contraband allegedly shown to be recovered from the possession of the applicant, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the NDPS Act are not applicable in the present case.

4. The applicant is stated to be in the judicial custody, as, after completion of investigation, the Police has filed the charge-sheet against him.

5. According to the applicant, the chances of conclusion of trial against the applicant in near future are not so bright, as such, no useful purpose would be served by keeping him in judicial custody.

6. The applicant has also tried his luck by moving similar Application before the learned Special Judge-II, Una, bearing Bail Application No.411 of 2024, however, the same was dismissed, vide order dated 19^th December, 2024.

7. Apart from this, Mr. Sanjeev K. Suri, 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.

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

9. When put to notice, the police has filed the status report disclosing therein, that on 28.10.2024, Inspector Sarvjeet Singh, Incharge ANTF-FU-CID, Kangra, along with other police officials, was on patroling duty to detect the crime relating to Narcotic drugs, in the area of Una, Mehatpur etc.

9.1. At about 11.50 a.m., when, he was present in the market, he received a secret information with regard to transportation of poppy husk in vehicle No. HP72C-8691, by a person and the said person, as per the informant, was coming from Nangal side.

9.2. As per the information, if the said vehicle is detained and searched, then, the large quantity of poppy husk could be recovered.

9.3. 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, possibility of removal of the contraband from the spot, could not be ruled out. As such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the Additional Superintendent of Police.

9.4. Thereafter, the I.O. had associated two independent witnesses, after apprising them about the secret information.

9.5. Thereafter, at about 12.25 p.m., the said vehicle was intercepted and during search of said vehicle, poppy husk, weighing 25.240 kilograms was recovered.

9.6. Thereafter, other codal formalities were completed and rukka was sent to the Police Station for registration of the FIR, on the basis of which, the FIR, in question was registered. The contraband, so recovered, was sent to FSL Junga, from where a positive report has been received.

9.7. After completion of the investigation, the police has submitted the charge sheet against the applicant, which is pending adjudication before the Court of learned Additional Sessions Judge-II, Una.

10. As per the status report, another case bearing FIR No.118 of 2021, dated 07.04.2021, under Section 15 of the NDPS Act, is found to have been registered, against the applicant, in which, he was allegedly found to be in possession of 16.980 kilograms of poppy husk.

11. On the basis of the above facts, a prayer has been made to dismis