Bail under the NDPS Act is discretionary, emphasizing public safety over personal liberty, especially when serious allegations of possession near commercial quantities exist.

JUDGMENT :

RANJAN SHARMA, J.

Bail petitioner [Sonu], has come up before this Court, seeking regular bail, under Section 439 of the Code of Criminal Procedure hereinafter (referred to as CrPC). originating from the FIR No. 152 of 2023 dated 20.11.2023, registered at Police Station Gagret, District Una [H.P.], under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

FACTUAL MATRIX

2. Case set up by Mr. N.K. Thakur, Learned Senior Advocate, assisted by Mr. Karanveer Singh, Advocate, is that on 20.11.2023, while the police party was on patrolling in Banne Di Hatti area on the main road to Gagret near Industrial Area, Ambota, they received a secret information at 3:50 pm that a person sitting on the driver seat in vehicle was carrying huge quantity of con traband, beneath the driver’s seat. On reaching, the spot at about 5:15 pm, the police, on disclosure of their identity, found the bail petitioner [Sonu] to be sitting on the driver’s seat. Thereafter, vehicle was searched and a polythene bag was found, containing two other plastic bags, one containing red coloured plastic polythene containing yellowish wet material and in the other transparent plastic envelop containing pink coloured powder in the second bag. On weighing the yellowish material was found to be Chitta, weighing 83.28 gms and the other pink powder was found to be Smack/Heroin weighing 94.72 gms, thus, total contraband which was recovered was 173.48 gms, from the bail petitioner.

2(i). It is submitted by Mr. N.K. Thakur, Senior Advocate, is that the bail petitioner is innocent person and he has not committed any offence, rather a false case has been planned on him. It is further averred in the bail petition that the bail petitioner was going to Maa Chintpurni Temple and on the way a small altercation took place with the police and therefore, he was framed in the false case. It is further averred that the bail petitioner has never been involved in any criminal case in the past. It is further averred that the investigation is complete and the challan has been presented in the Court and the bail petitioner has given an undertaking, that he shall associate with the police and shall cooperate with the trial and shall abide by all such directions, as may be imposed by this Court.

2(ii). After registration of FIR No.152/2023 dated 20.11.2023, the bail petitioner was arrested on 20.11.2023. After his arrest, the bail petitioner moved an application for bail vide Bail Application Registration No.47/2024 on 12.01.2024, before the Learned Special Judge (1), Una, District Una [H.P.] but the bail application was rejected on 20.02.2024, vide [Annexure P-1], annexed with the case records. While rejecting the bail application, the Learned Special Judge (1), Una, District Una, [H.P.] declined the bail, in view of the discussion, made in Para No.8 of the order, which reads as under:-

“In the present case, there are serious allegations against t he applicant having in possession of heroin to the tune of 178 gms which though less than commercial quantity but touching the commercial quantity i.e. 250 gms. Further, allegation against him is that he is in search of customers in the State of HP to sell the same and to have purchased the same from an unknown person at Haryana. When all factors are taken into consideration together, I am of the considered view that if applicant is released on bail, he may intimidate the witnesses, tamper with the prosecution evidence and may effect the investigation. Hence, I deem it not appropriate to release the applicant on bail at this stge.

Hence, the application filed by the applicant being merit-less is dismissed. The observations made hereinabove shall have no bearing on merits of the case and are only for disposal of the present bail application. File after its due completion be tagged with main case file.”

2(iii). Consequent upon the rejection of bail by the Learned Trial Court on 20.02.2024 [Annexure P-1], the