Bail denied in NDPS intermediate quantity case due to criminal antecedents, prior bail violation via similar offence, and prima facie conscious possession from presence at recovery site.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking regular bail in FIR No. 35 of 2024, dated 1.3.2024, registered at Police Station Palampur, District Kangra, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘the ND&PS Act’).

2. It has been asserted that, as per the case of the prosecution, 08 grams of heroin were recovered from the possession of the petitioner. The petitioner was arrested in March 2024, and he has been in custody since then. The petitioner has no connection with the commission of the crime. Contraband was not recovered from the petitioner's exclusive possession. The heroin was found under the mattress, as per the prosecution. The petitioner did not know Shashi Kumar alias Ashu or his brother Deepak. Investigation has been completed, and the charge sheet has been filed before the Court. No fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the petition.

3. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 1.3.2024. They received a secret information at 5.45 PM at Ram Chowk that Shashi Kumar alias Ashu and his elder brother Deepak Kumar, and Pankaj Kumar alias Panku were selling heroin from their house. The information was reduced into writing and was sent to the Sub Divisional Police Officer, Palampur (SDPO). Witnesses Nisha Devi and Nardev Singh were associated, and the police party went to the residence of Shashi Kumar, where Shashi Kumar, his elder brother, Deepak Kumar, and Pankaj alias Panku (the present petitioner) were found present. The police party searched the room of Shashi Kumar and recovered a transparent polythene concealed beneath the mattress. The police took out the polythene and found 08 grams of heroin in it. The police seized the heroin and arrested Shashi Kumar, Deepak Kumar and Pankaj. The bank account details and the property were reviewed, but no suspicious activity was found. Learned Special Judge, Palampur had released all the accused on 1.4.2024 on personal and surety bond of ₹1,50,000/- each; however, the petitioner and Shashi Kumar were found involved in the commission of a similar offence for possessing 26 grams of opium and 22 grams of heroin. Hence, FIR No. 129 of 2024, dated November 14, 2024, was registered against them. An application was filed for the cancellation of their bail in the present case, which was allowed, and the bail was cancelled on 2nd April, 2025. The heroin was sent to the SFSL, Junga and as per the analysis, it was found to be a sample of diacetylmorphine (heroin). FIR Nos. 96 of 2017, 165 of 2018, 104 of 2023 and 129 of 2024 are registered against the petitioner under the ND&PS Act. The petitioner is involved in the commission of a heinous offence, and he is likely to indulge in the commission of similar offences if released on bail. Therefore, it was prayed that the present petition be dismissed.

4. I have heard M/s Jeevan Kumar and Ekta Kumari, learned counsel for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State.

5. Mr. Jeevan Kumar, learned counsel for the petitioner, submitted that the petitioner is innocent and was falsely implicated. As per the prosecution, the petitioner was found