Under prolonged detention circumstances, bail should be granted if no reasonable grounds exist to believe in the guilt of the accused, respecting Article 21 rights.

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner, Purba Sherpa, who is in custody since 26.04.2023 has come up before this Court, seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ' BNSS '), originating from FIR No.72 of 2023, dated 26.04.2023, under Section 20 of Narcotics Drugs & Psychotropic Substances, Act, 1985 [hereinafter referred to as 'NDPS Act’], registered at Police Station Bhunter, District Kullu [HP].

FACTUAL MATRIX

2. Case as set-up by Mr. Kamal Kant Chandel, learned counsel for petitioner is that the police arrested the bail petitioner on 26.04.2023 for accusation under Section 20 of the NDPS Act. It is submitted that the petitioner is completely innocent and a false case has been registered at the instance of some interested persons. It is submitted that the petitioner has nothing to do with the alleged offence and he is completely innocent and nothing incriminating has been recovered from the bail petitioner. It is further averred that the petitioner is sole bread-earner in the family and has certain health issues. It is further averred that in case of release on bail shall not abscond or jump over the but shall participate in the trial and bail petitioner will not tamper with the evidence or cause any inducement, threat or promise to persons acquainted with the case. It is averred that no further recovery is due from bail petitioner.

2(i). It is averred that after filing of bail application, the bail petitioner has moved an application i.e. Cr.MP No.4947 of 2024 for placing on record additional material to show that discrepancy in preparation of Inventory under Section 52 (A) of the NDPS Act, indicating the date of seizure as 19.12.2022, whereas, FIR was registered on 26.04.2023 and therefore, the Inventory is erroneous in law.

In above backdrop, the prayer for bail has been made through his father.

STAND OF STATE AUTHORITIES IN STATUS REPORT:

3. Pursuant to the issuance of notice on 09.08.2024, the State Authorities have filed the Status Report dated 19.08.2024 and thereafter fresh Status Report dated 24.10.2024. Both the Status Reports contain pari materia averments.

3(i). Perusal of the Status Report reveals that while the police party was patrolling in Kaleli, Bhuntar and Hathithan, for detecting illicit trade, transportation and sale-purchase of contraband on26.04.2023, near Katoch Complex at 11:15 A.M. The police party received an information that the petitioner, Purba Sherpa, who is a resident of Khokhan near Bhuntar, shall be travelling and reaching Bhuin with a large quantity of Cannabis/Charas. Based on the information, the police party completed the formalities and after associating the witnesses, a Nakka was laid at about 12:10 p.m. and as soon as petitioner [Purba Sherpa] reached the spot, the police stopped him and inquired about his identity and whereabouts. The police party made enquiries whereafter the bail petitioner became perplexed. Before resorting to search of bail petitioner, an option as to whether the bail petitioner wanted to be searched before the Gazetted Officer or Police Officer was also conveyed to him.

3(ii). It is averred in Status Report that petitioner was searched in presence of witnesses. Pursuant to search the petitioner handed over a carry-bag, with inscription, of ‘Shiv Shankar Cloth House’ in which four polythene packets containing black substance was recovered, which on weighing was found to be Cannabis/Charas, weighing 04.04 Kgs. Thereafter, the codal formalities were completed and Rukka was sent whereupon, FIR was re