Prolonged pre-trial incarceration may justify bail under NDPS Act when there is no substantial evidence against the accused and the right to personal liberty under Article 21 is violated.

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner, Missu Ram [being in custody 19.05.2023] has approached this Court, under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as BNSS ] seeking regular bail originating from the FIR No. 98 of 2023 dated 19.05.2023, registered with Police Station Baijnath, District Kangra [H.P.], under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as NDPS Act) and under Section 181 of the MOTOR VEHICLES ACT .

FACTUAL MATRIX

2. Case set up by Mr. Vijender Katoch, Learned Counsel is that prosecution case is that on 18.5.2023 at around 09.45 p.m, while the Police Party headed by Inspector Gaurav Bhardwaj alongwith other Police Officials were on patrolling duty near GMS Kyori, a secret information was received that two persons were selling Charas near Jagarkot Ajay Pal Devta Temple. On receiving this information, Inspector Gaurav Bharadwaj and two Independent witnesses namely Pradhan Shiv Kumar and Up-Pradhan Rovan Lal reached village Sail and thereafter, IO Gaurav Bharadwaj in his private car left for Jagarkot Ajay Pal Devta Temple and the Independent witness also went to said temple spot in separate vehicle. On reaching Jagarkot Ajay Pal Devta Temple, at around 10.20 p.m, police party found one white Eon Car, without registration, occupied by three persons and one black pulsar motorcycle bearing No HP-33-7650 was found parked. On inquiry, the person sitting on driver seat disclosed his name Tilak Raj, the person sitting on co-driver seat revealed his name as Mehar Singh and the person sitting on rear seat of the vehicle disclosed his name Missu Ram [bail petitioner]. On checking of Eon Car, the police found one carry bag printed with green and red flowers from underneath the driver’s seat and after untying bag, the police recovered sticks like black substance i.e. Charas-Cannabis and upon weighing it came out to be 1.509 Kgs. The allegedly recovered contraband was kept in same carry bag and was sealed with eight seals and documents of Car and Motorcycle were also seized and after completing all the codal formalities, the rukka was sent leading to registration of FIR.

2(i). The matter was investigated and the Challan was presented before the jurisdictional Court. It is averred that the allegations were totally false and the bail petitioner [Missu Ram], was not connected with the alleged offence. It was stated that the petitioner was falsely implicated. It is submitted that nothing was infact recovered from conscious possession of bail petitioner. It is averred that no fruitful purpose will be served by keeping him in judicial custody.

2(ii). Apart from this, the bail petitioner has given certain undertakings that he shall participate in the investigation and trial thereafter and shall not cause any inducement, threat or promise to any witness or person acquainted with the case and shall not tamper with the evidence in any manner. It is averred that in case of release, the bail petitioner shall abide by all other conditions which may be imposed by this Court.

In above backdrop, the instant petition has been filed by the bail petitioner, [Missu Ram], with the prayer for granting bail.

STAND OF STATE AUTHORITIES IN THE STATUS REPORTS

3. Upon issuance of notice the State Authorities have filed the Status Report dated 27.02.2025 on instructions of SHO Police Station Baijnath, District Kangra, (HP) and the matter was adjourned by Learned Counsel for petitioner and the matter was finally heard on 04.04.2025.

3(i). Status Report narrates the prosecution story that on 18.05.2023, at around 09.40 p.m, the Police Party headed by Inspector Gaurav Bhardwaj received a secret information that a white Eon Car being occupied by two persons and one motorcycle was parked near Jagarkot Ajay Pal Devta Temple and they were selling Charas. After completing formalities under Section 42 (2), Inspector Gaurav Bharadwaj reached village Sail, at 10.10 pm and two Indepen