Bail granted in non-commercial quantity NDPS case despite multiple prior cases without convictions, due to trial delays causing pre-trial punishment, with conditions mitigating risks.

Applicant­Rakesh Kumar alias Shanu has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 144 of 2024, dated 23.11.2024, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Damtal, District Kangra, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, by the police, in this case.

3. According to him, the investigation in the present case is complete and no useful purpose would be served by keeping him in the judicial custody.

4. The contraband allegedly recovered in the present case, according to the applicant, does not fall within the definition of commercial quantity, as such, the provisions of Section 37 of ND&PS Act are not applicable, in the present case.

5. The applicant has tried his luck earlier by moving similar application before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P., where his application was dismissed as withdrawn on 08.04.2025. Thereafter, he has again approached the learned Special Judge, Nurpur, District Kangra, H.P., however, his application has been dismissed on 03.07.2025. Subsequently, he moved to this Court by filing Cr.MP(M) No. 2567 of 2025, which was dismissed as withdrawn on 04.11.2025.

6. According to the applicant, apart from the present case, seven other cases have been registered against him, particulars of which, have been mentioned in para No. 9 of the application, which are reproduced, as under:­

1. FIR No. 05/2021, dated 11.01.2021, under Section 21 of ND&PS Act of Police Station Damtal, District Kangra, H.P.;

2. FIR No. 104/2021, dated 14.09.2021, under Section 21 of ND&PS Act of Police Station Damtal, District Kangra, H.P.;

3. FIR No. 37/2023 dated 13.03.2023, under Sections 21, 29 of ND&PS Act of Police Station Damtal, District Kangra, H.P.;

4. FIR No. 70/2019, dated 13.11.2019, under Sections 21, 29 of ND&PS Act of Police Station Taragarh, Pathankot, Punjab;

5. FIR No. 134/2019, dated 13.11.2019, under Sections 21, 22, 29 of ND&PS Act of Police Station Div­2 Pathankot, Punjab;

6. FIR No. 87/2022, dated 11.05.2022, under Section 21 of ND&PS Act, Police Station Damtal, District Kangra, H.P.; and

7. FIR No. 18/2017, dated 15.01.2017, under Section 21 of ND&PS Act, of Police Station Damtal, District Kangra, H.P.

7. According to the applicant, although cases have been registered, however, he has not been convicted in any of the case by the competent Court of Law.

8. On the basis of the grounds as taken in the bail application, Sh. Vijender Katoch, learned Counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

9. On the basis of the above facts, a prayer has been made to allow the bail application.

10. When, put to notice, the police has filed the status report, disclosing therein, that on 23.11.2024, HC Dinesh Kumar No. 46, I.O. CIA Staff Nurpur, submitted a rukka to the Police Station Damtal, disclosing therein that on 23.11.2024, he along with other police officials was on patrolling duty in vehicle No. HP38C­5260, as well as, duty to detect the crime relating to excise and narcotics. He was in the territorial jurisdiction of Police Station Damtal.

10.1 I.O., alon