Pre-trial punishment is prohibited, and the presumption of innocence must be upheld, allowing bail when no commercial quantity of contraband is involved.

JUDGMENT :

Virender Singh, J.

Applicants, have filed the above titled applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release them on bail, in case FIR No.47 of 2024, dated 13.09.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Kotkhai, District Shimla, H.P.

2. According to the applicants, they are innocent persons and have falsely been implicated, in the present case.

3. According to the applicants, no recovery has been effected from them and the investigation, in the present case, is complete, as the police has submitted the charge-sheet against them, in the competent Court of law.

4. Applicants have also tried their luck, by moving similar Applications, before the Court of learned Special Judge, Rohru, Camp at Theog, which were dismissed on2012.2024.

5. Apart from this, learned counsel appearing for the applicants, have given certain undertakings, on behalf of the applicants, for which, the applicants are ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

6. The applicants have also sought the relief of bail on the ground of parity as their co-accused Mehak Negi and Simran Negi, have already been released on bail, by this Court, vide order dated 9.12.2024, passed in Cr.MP(M) Nos.2648 & 2649 of 2024.

7. On the basis of the above facts, a prayer has been made to allow the applications.

8. When put to notice, the police has filed the status report disclosing therein, that on 13.09.2024, I.O./ASI Karan Negi, along with other Police officials, had left the Police Station, in the official vehicle, for patrolling duty in order to detect the crime relating to excise and narcotic drugs.

8.1. At about, 10.30 a.m., when, the police party was present at a place known as Kokunala, then, the I.O. has received a secret information regarding indulgence of Suman Shahi, who is residing in the First Floor of the Rajinder Negi building, Kotkhai in the sale of Chitta/ heroin. As per the information, in case, said rented accommodation is searched, then, large quantity of Chitta/Heroin could be recovered.

8.2. The said information was found to be authentic and reliable. According to the I.O., in case, search warrants were obtained, in that eventuality, there were chances that the contraband couldbe removed therefrom. As such, the information under Section 42(2) ND & PS Act, was prepared and the same was sent to the SDPO, Theog.

8.3 Thereafter, the I.O., along with the police officials, proceeded towards the Rajinder Negi building, Kotkhai. The owner of the building, Rajinder Negi, and Ward Member, were teleologically requested to come near Punjab National Bank, Kotkhai. When, ASI, and the other police officials reached at PNB Bank, Kotkhai, then, Rajinder Negi and Mohit Nanda, Ward Member, met them and both were apprised about the secret information, which the I.O. had received.

8.4. At about 12.45 p.m., when, the I.O. reached at the rented accommodation of Suman Shahi, along with raiding party and independent witnesses, the room was found closed from inside. On knocking, the door was opened by one lady. Two other persons were also found present there.

8.5. On inquiry, the said lady has disclosed her name as Suman Shahi, wife of late Vishnu Shahi and the two other persons disclosed their names as Ranjan Sharma and Kamal Acharya. Thereafter, they were apprised about the secret information received by the I.O. before searching the said room. In the presence of independent witnesses, the I.O., as well as, raiding party had given their personal search. Thereafter, the search of the room of Suman Shahi was conducted.

8.6. During search, one almirah was found in the corner of the room, in which, a ball shaped substance wrapped with the plastic tape was found. When, the same was cut and opened, then, on the basis of the experien