Successive NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such change or compliance.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 07 of 2025, dated 07.01.2025, registered at Police Station Rajgarh, District Sirmaur, H.P. for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’)

2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 07.01.2025. They received secret information at around 6:00 p.m. at near Koti Deedag that the accused was transporting Charas. A huge quantity of charas could be recovered by his search. The information was credible. It was reduced to writing and was sent to Sub Divisional Police Officer (SDPO), Rajgarh The police associated Dheeraj Kumar and found the petitioner on the roadside with a carry bag. The police recovered 1.119 kg of charas from the carry bag. The petitioner had ealrier filed Cr.MP(M) No. 281 of 2025, which was withdrawn on 22.09.2025, and Cr.MP(M) No.1323 of 2025, which was dismissed on 23.07.2025. The petitioner has been behind bars for more than one year, and the petitioner’s right to a speedy trial is being violated. The petitioner’s Aadhar card was found in the bag from which recovery was made. This is suspicious because no person would keep his Aadhar Card with the contraband. The grounds of arrest were not communicated to the petitioner, and his arrest is illegal. The petitioner would abide by all the terms and conditions which the Court may impose; hence, it was prayed that the present petition be dismissed.

3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 07.01.2025. They received secret information at about 06:00 pm near Koti Deedag that the accused was transporting charas, and a huge quantity of charas could be recovered during his search. The information was credible, and it was reduced to writing. The information was sent to SDPO Rajgarh. The police associated Dheeraj Kunar and proceeded further. The police found the petitioner standing on the roadside with a carry bag and recovered 1.119 Kg of charas from the carry bag. The Police arrested the petitioner, seized the charas and sent it to the FSL for analysis. The analyst found it to be an extract of cannabis and a sample of charas. The charge sheet has been filed before the Court on 13.03.2025. Statements of seven witnesses have been recorded, and the matter is listed on 17.04.2024 for recording the statements of the prosecution’s witnesses. Hence, the status report.

4. I have heard M/s Rakesh Kumar Chaudhary and Panku Chaudhary, Advocates, learned counsel for the petitioner and Mr. Ajit Sharma, learend Deputy Advocate General, for the respondent/State.

5. Mr. Rakesh Kumar Chaudhary, learned counsel for the petitioner, submitted that the petitioner is innocent and was falsely implicated. The petitioner’s Aadhar card was found in the carry bag containing the contraband, which is suspicious because no person would keep his identification document with the contraband. The police have failed to complete the evidence, and the petitioner’s right to speedy trial is being violated; therefore, he prayed that the present petition be allowed and the petitioner be released