Possession of contraband classified as 'commercial quantity' under the NDPS Act justifies denial of bail, invoking strict legal provisions.

JUDGMENT :

Virender Singh, J.

Applicant-Het Ram, 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.94 of 2023, dated 21.07.2023, registered under Sections 22 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Manpura, District Solan, H.P.

2. According to the applicant, he has falsely been implicated, in the present case, for allegedly possessing11160 tablets of Lomotil.

3. It is the further case of the applicant that investigation, in the present case, is complete, as such, no useful purpose would be served by keeping him in judicial custody.

4. As per the applicant, he is permanent resident of the address, as mentioned, in the application and is having deep roots in the society.

5. The applicant has also tried his luck by moving similar Application bearing Cr.MP(M) No.310 of 2024, which was dismissed as withdrawn, vide order, dated 29^th February, 2024.

6. Apart from this, Mr. N.S. Chandel, learned Senior Advocate assisted by Mr. Vinod K. Gupta, 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.

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 one rukka was submitted by HC Ashok Kumar No.139, I.O. ANTF/FU, Shimla range Malyana, mentioning therein, that on 21.07.2023, at about 2.00 p.m., the I.O., along with other police officials, was on duty to detect the crime relating to Narcotic drugs and was present at Kishanpura chowk.

8.1. At that time, a secret information was received regarding the indulgence of Het Ram and Dinesh Kumar in the illegal business of selling psychotropic substances and according to the informant, both of them, at the relevant time, were inside a swift car bearing registration No.HP12F-0878 at Kishanpura Dhela Chanalmajra, in order to sell the psychotropic substance.

8.2. As per the information, if the said persons were detained and their vehicle would be searched, then, the narcotic substance could be recovered.

8.3. 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 SDPO, Baddi, through constable Vikrant Singh.

8.4. Thereafter, the police party had left towards the spot. On the way, they had associated Surender Kumar and Pawan Kumar, as independent witnesses, after apprising them about the secret information.

8.5. Thereafter, picketing was done. After some time, the said swift car bearing No.HP12F-0878, being driven by its driver, was noticed coming from Manpura to Dhela side. At the spot of picketing, with the help of police officials, the said vehicle was signalled to stop.

8.6. On inquiry, the person, who was on the wheel, disclosed his name, as, Dinesh Kumar and the person sitting on the passenger seat, disclosed his name, as, Het Ram (applicant).

8.7. Thereafter, the I.O. apprised the said persons, about the secret information, which, he had received and thereafter, the