Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.

JUDGMENT :

Virender Singh, J.

1. Applicant-Kapil Sawant, 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.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 applicant, he is innocent person and has falsely been implicated, in the present case.

3. As per the applicant, no recovery has been effected from him and the investigation, in the present case, is complete, as the police has submitted the charge- sheet against the applicant, as well as, his co-accused, in the competent Court of law.

4. Applicant has also tried his luck, by moving similar application, before the Court of learned Special Judge, Rohru, Camp at Theog, which were dismissed on20.12.2024.

5. Apart from this, learned counsel 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.

6. The applicant has also sought the relief of bail on the ground of parity as his co-accused Mehak Negi, Simran Negi, Pramod Khimta, Scahin Chand, Vikas Dutta and Lokender Kanwar, have already been released on bail, by this Court, vide orders dated 9.12.2024 & 01.01.2025, passed in Cr.MP(M) Nos.2648, 2649, 2950, 2974, 2978 &2981 of 2024.

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

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 could be 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 telephonically 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 wer