Bail is granted considering the nature of the accusation, the defendant's status as a first offender, and the absence of risks associated with granting bail, subject to stringent conditions.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking regular bail, in FIR No. 23/2026, dated 12.02.2026, registered for the commission of offences punishable under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) at Police Station Kala Amb, District Sirmour, H.P.

2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 12.02.2026. They received secret information at Kala Amb that Shiv Kumar alias Shankar (present petitioner) was transporting chura-post/Doda (opium poppy husk) in his vehicle, and a huge quantity could be recovered by searching the vehicle. The police searched the vehicle and recovered 6.11 kilograms of opium poppy husk kept beneath the conductor’s seat. Allegations made against the petitioner are false. The petitioner is innocent, and he was falsely implicated. The petitioner would abide by all the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the police were patrolling at Kala Amb on 12.02.2026. They received a secret information at Kala Amb Barrier at 5.15 P.M. that the petitioner, Shiv Kumar alias Shankar, was transporting opium poppy husk in his truck bearing registration No. HP-17J-5499, which was parked outside Gold Plus Glass Industry. The information was credible, and the delay in procuring the search warrant would have led to the destruction of the case property. Hence, information was reduced into writing and was sent to the Deputy Superintendent of Police, Nahan. The police proceeded towards Gold Plus Glass Industry. The truck was found parked outside the industry. The petitioner was occupying the driver’s seat. He revealed his name as Shiv Kumar. The police searched the vehicle and recovered six polythene bags containing 6 Kg 11 grams of opium poppy husk. The police seized the opium poppy husk and arrested the petitioner. No other case was registered against the petitioner. The petitioner would indulge in the commission of similar offences in case of his release on bail. Hence, it was prayed that the present petition be dismissed.

4. I have heard M/s Vinod Chauhan and Nandita, Advocates, learned counsel for the petitioner and Mr Prashant Sen, learned Deputy Advocate General for the respondent/State.

5. Mr Vinod Chauhan, Advocate, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. As per the prosecution, an intermediate quantity of opium husk was recovered from the petitioner’s possession. The rigours of Section 37 of the NDPS Act do not apply to the present case. The police have filed the charge sheet before the learned Trial Court. No fruitful purpose would be served by keeping the petitioner in custody. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Prashant Sen, learned Deputy Advocate General, for the respondent/State, submitted that the petitioner was found in possession of a huge quantity of opium poppy husk, which could not have been meant for self-consumption. The narcotic substances are ruining society, and no leniency should be shown to the petitioner. Hence, he prayed that the present petition be dismissed.

7. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

8. The parameters for granting bail were considered by the Hon’ble Supreme Court in Pinki v. State of U.P. ,