Bail denied in NDPS case with intermediate quantity due to criminal antecedents under NDPS, risk of repetition, and societal drug menace, emphasizing balanced consideration of liberty against public safety.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 48 of 2025, dated 12.04.2025, registered for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’) at Police Station Barsar, District Hamirpur, H.P.

2. It has been asserted that, as per the prosecution, the police searched the petitioner’s house and recovered eight grams of heroin from the bathroom at the instance of the petitioner. The petitioner is innocent, and he was falsely implicated. F.I.R. No. 118 of 2017, dated 02.07.2017, F.I.R. No. 151 of 2029, dated 18.09.2019, F.I.R. No. 50 of 2023, dated 14.02.2023, F.I.R. No. 279 of 2024, dated 22.10.2024 and F.I.R. 4 of 2025, dated 23.01.2025, are pending against the petitioner. The petitioner is a permanent resident of Tehsil Dhatwal (Bijhar), District Hamirpur, H.P. He has deep roots in the society, and there is no chance of his absconding. The investigation is complete, and the charge sheet has been filed before the Court. The custody of the petitioner is not required for the investigation. Hence, the present petition.

3. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 11.04.2025. They received a secret information at 8:30 p.m. that the petitioner was selling heroin, and a huge quantity of contraband could be recovered by the search of his house. The information was reduced into writing and sent to the office of Sub Divisional Police Officer, Badsar, District Hamirpur, H.P. The police associated independent witness, Hira Lal and went to the house of the petitioner. The police gave their personal search to the petitioner’s father and searched the house. The petitioner was sleeping in his room, and he was awakened. He revealed on enquiry that he had concealed heroin in the bathroom. The police checked the bathroom and found eight grams of heroin. The police seized the heroin and arrested the petitioner. The heroin was sent to SFSL, Junga and as per the report, it was found to be Diacetylmorphine (Heroin). F.I.R. No. 118 of 2017 dated 02.07.2017, F.I.R. No. 151 of 2019 dated 18.09.2019, F.I.R. No. 50 of 2023 dated 14.02.2023, F.I.R. No. 279 of 2024 dated 22.10.2024 and F.I.R. No. 04 of 2025 dated 23.01.2025 are pending against the petitioner. The charge sheet has been filed before the Court, and the matter is listed for consideration of the charge on 10.10.2025. The petitioner would intimidate the witnesses and would indulge in the commission of similar offences if released on bail. Hence, the status report.

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

5. Mr Sahil Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The prosecution’s story is highly improbable. The recovery was effected from the bathroom and not from the house. The police party gave their search to the petitioner’s father and not to the petitioner. The quantity of heroin stated to have been recovered from the possession of the petitioner is intermediate, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The petitioner has roots in society, and there is no chance of his absconding. He would abide by all the terms and con