In NDPS cases with intermediate narcotic quantity, Section 37 rigours inapplicable; regular bail granted on parity with co-accused, trial delay, and prolonged detention, upholding bail as rule absent tampering or absconding risks.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 21 of 2025, dated 13.3.2025, registered at Police Station Jubbal, District Shimla, H.P., for the commission of offences punishable under Sections 21, 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).

2. It has been asserted that, as per the prosecution, 228 grams of heroin were recovered by the police. The police arrested the petitioner on 13.3.2025. The investigation is complete, and the charge sheet has been filed before the Court. The petitioner is innocent, and he was falsely implicated. 228 grams of heroin is an intermediate quantity, and the rigours of Section 37 of NDPS do not apply to the present case. The petitioner belongs to a reputed family. He has deep roots in society. The petitioner would abide by the terms and conditions that the Court may impose. Hence, the petition.

3. The petition is opposed by filing a status report asserting that the police were present near Patsari on 13.3.2025 for traffic checking. They received a secret information at 11.30 AM that a vehicle bearing registration No. PB-07AB-5288 was transporting a huge quantity of heroin. The information was credible, and the delay in procuring a search warrant would have led to the destruction of the case property. Hence, the information was reduced to writing and was sent to the Supervisory Officer. Harish Chanjta, Up-Pradhan, Gram Panchayat, Sarswatinagar and the police officials were called. The vehicle bearing registration No. PB-07-AB-5288 came from Hatkoti at 1.08 PM. The driver drove the vehicle towards the link road after seeing the police. The police took their vehicle to the other side of the road and intercepted the vehicle. The driver identified himself as Raj Kumar (the present petitioner), the person sitting on the front seat identified himself as Jagdish Kumar, and the person sitting on the rear seat identified himself as Jitender Kumar. The police searched the vehicle and recovered 228 grams of heroin. The police seized the heroin and arrested the occupants. Petitioner Raj Kumar received a call from Kapil Rajta, who made inquiries about the heroin. The police seized the heroin and arrested the occupants. The heroin was sent to the FSL, and it was confirmed to be Diacetylmorphine (Heroin). The police also arrested Kapil Dev, who was found in possession of Rs.4,26,330/-, a weighing machine and transparent packets. The police arrested Kulwant, Kapil Rajta, Buta Singh, Jitender Kumar and Jagdish, who have been released by the learned Additional Sessions Judge, and the petitioner is in custody. The charge sheet was filed before the Court on 9.5.2025. The prosecution has cited 33 witnesses out of whom 06 have been examined. The matter was listed for recording the statements of prosecution witnesses on 18.3.2026 and 19.3.2026. Hence, the status report.

4. I have heard Mr Kulbhushan Khajuria, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State.

5. Mr Kulbhushan Khajuria, learned counsel for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. The other co-accused have been released on bail, and the petitioner is entitled to bail on the principle of parity. The prosecution has cited 33 witnesses out of whom 06 have been examined. The trial is not likely to conclude soon. Hence, he prayed that the present petition b