NDPS Section 37 mandates twin conditions for bail in commercial quantity cases: reasonable grounds believing not guilty and unlikely to reoffend. Spot recovery memos signed by accused satisfy grounds of arrest in chance recoveries.

Virender Singh, Judge

The above titled bail applications are disposed of by a common order, as, both the applicants have filed these applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, in a case, arising out of FIR No. 63/2024, dated 22.08.2024, registered with Police Station Tahliwal, District Una, H.P., under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).

2. According to the applicants, they are innocent persons and have falsely been implicated and arrested by the police, in the present case.

3. As per the applicants, they have been roped, in the present case, by some influential persons deliberately, in connivance with the local police.

4. It is the further case of the applicants that the investigation, in the present case, is complete and charge- sheet has been filed in the competent Court of law and the case is now fixed for PWs for 18th November, 2025.

5. According to the applicants, they are entitled to the bail, as, their custodial interrogation is no longer required. According to them, the grounds of arrest have not been supplied to them.

6. Applicants have earlier tried their luck, by moving similar applications, before this Court, however, the said applications were dismissed as withdrawn on 01.05.2025.

7. Apart from this, learned counsel appearing on behalf of the applicants, have given certain undertakings, on behalf of the applicants, for which, the applicants are ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

8. On the basis of the above facts, a prayer has been made to allow the applications.

9. When put to notice, the police has filed the status report, disclosing therein, that on 22.08.2024, HC Devender Prakash, No.96, I.O. Police Station, Tahliwal, along with other police officials, was on patrolling duty, traffic checking, picketing duty and duty to detect the crime relating to excise and narcotics.

9.1. At about 2.55 p.m., when, the police party had put a picketing, for traffic checking at Tahliwal, near ‘Bhajne the Dhaba’, they noticed a car, being driven by its driver, coming from Santoshgarh side. The I.O. had given the signal to the driver to stop the car. Consequently, he has stopped the car bearing registration No.HP80A-9899, on the side of the road.

9.2. On inquiry, the driver has disclosed his name as Sahil Thakur. When, the I.O. was talking to the driver of the said car, meanwhile, he noticed a truck, being driven by its driver, coming from Santoshgarh side. The I.O. directed the driver to stop the same. Consequently, the truck driver stopped the truck, in front of ‘Bhajne the Dhaba’. Registration number of the said truck was HP19B- 7437.

9.3. The truck driver, on seeing the police party, became perplexed and apart from the driver, another person was also found, in the truck. Since the truck driver became perplexed. As such, the I.O. developed suspicion that some illegal article could be there in the truck.

9.4. Thereafter, Sahil Thakur (car driver) and HC Hardeep Singh No.108, were associated, as witnesses and the names of truck driver and his companion, were inquired. The person, on wheel disclosed his name, as Varender Singh (applicant in Cr.MP(M) No.2305 of 2025) and the person, accompanying him, had disclosed his name as Rajinder Singh (applicant in Cr.MP(M) No.2304 of 2025). Both the persons were found