The court emphasized stringent conditions under the NDPS Act for bail, requiring mandatory findings for release, particularly focusing on community safety and procedural compliance.

JUDGMENT :

Virender Singh, J.

This order of mine shall dispose of the above-titled bail applications, which have been filed by the applicants, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘ BNSS ’), for releasing them, on bail, during the pendency of trial, in case FIR No.125 of 2023, dated 15.09.2023 (hereinafter referred to as the ‘FIR, in question’), registered under Sections 22 , 25, 29 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’) and Sections 201 , 465, 467 and 471 of the INDIAN PENAL CODE (hereinafter referred to as the ‘IPC’), with Police Station, Gagret, District Una, H.P.

2. According to the applicants, they have falsely been implicated in the present case and after registration of the FIR, police has completed the investigation and filed the charge-sheet. However, charges have not yet been framed, in this case.

3. As per applicants, there are about 80 prosecution witnesses, in this case and the conclusion of the trial, against them, will take sufficient long time and as such, no useful purpose would be served, by keeping them in the judicial custody, that too, for the indefinite period.

4. The relief of bail has been sought on the ground that in this case, the prosecution allegedly recovered the contraband, firstly on 15.09.2023, at about 08:30 pm, in which, 28,560 capsules of Proxy-wel Spas were recovered, whereas, the second recovery was allegedly effected on 16.09.2023 at about 07:00 pm, in which, 25,000 tablets of Clovidol 100 SR were recovered. The contraband, according to the first recovery, is 1.428 kg and as per the second recovery, the contraband is 2.500 kg.

5. It is the case of the applicants that the case of the prosecution is false, as, there is not even a single evidence in the form of CCTV footage, booking registers, from which, it could be substantiated that the courier alleged to have been intercepted on 14.09.2023, at Gagret, was booked by the former servant of applicant-Sahil Goswami.

6. According to applicant-Sahil Goswami, several CCTVs were installed in the premises of Kamal Goods Carrier and they also used to maintain proper despatch register, wherein, the name of the person, booking the courier, used to be recorded.

7. The bail has further been sought on the ground that the case of the prosecution is false, as, according to the seizure memo, each strip was found containing 24 capsules, whereas, the photograph of the boxes depicts that each strip contained only 8 capsules. In this regard, they have relied upon the seizure memo regarding the first recovery as Annexure P-3 and the photographs of the boxes of Proxy-wel Spas as Annexure P-4.

8. It is the further case of the applicants that NCB-1 Form was allegedly filled, after the registration of FIR, as, the same bears the FIR number in it.

9. The relief of bail has also been sought on the ground that the prosecution has allegedly relied upon GR No.59051 of one Kamal Goods Carrier, regarding the alleged recovery of first consignment, allegedly containing narcotic substances, whereas, as per the said document, the total weight of the package has been recorded as 50kg and this fact is sufficient to falsify the stand of the prosecution that only 28,560 capsules, weighing 1.428 kg, were found.

10. According to applicant-Sahil Goswami, the fact that as per the prosecution case, no other material was found in the said courier, is su