The court emphasized that mere allegations and statements from co-accused do not suffice for denying bail; there must be substantial evidence establishing a prima facie case.

JUDGMENT :

Virender Singh, J.

Applicant Parvez has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS ’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 38 of 2025, dated 22.2.2025, registered under Sections 21 , 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Puruwala, District Sirmour, H.P.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, at the instance of the complainant and has nothing to do with the contraband, allegedly recovered, in the present case.

3. It is the further case of the applicant that Police could not collect any evidence to connect him with the crime in question.

4. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered, from his possession. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the Police.

5. Relief of bail has also been sought on the grounds that ground of arrest were not served upon the applicant.

6. On the basis of above facts, the applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during pendency of the trial.

7. On these submissions, a prayer has been made to allow the bail application.

8. When put to notice, the police has filed the status report, disclosing therein, that on 22.5.2025, Constable Dinesh Kumar, No. 342, submitted ruqua, which was sent by HC Rakesh Kumar No. 224 I.O., SIU, Nahan, for registration of the FIR, mentioning therein that on 22.2.2025 I.O., alongwith other police officials, in Govt. vehicle bearing registration No. HP 18A-6236, was on patrolling duty and on duty to detect the crime, relating to excise and narcotics. They had proceeded towards Kolar, Majra, Paonta Sahib, Puruwala, Killod side. At about 10:20 a.m., when, I.O., alongwith police team, was present at Bhuddi road bifurcation Mehruwala, then, he received a secret information that a young man, namely, Soib Khan @ Aazam and Sakib Shah, R/o Jeewangarh, Vikasnagar, are doing business of selling narcotic substance chitta/heroin and they had brought consignment of heroin from Bareilly, Uttar Pradesh and both of them are going on Motorcycle bearing registration No. UK 16C-2210, alongwith consignment of heroin from Dakpathhar to Mehruwala, towards Paonta Sahib.

8.1 As per the information, Soib Khan @ Azam was wearing a white coloured sweater and light blue coloured jeans, whereas, Sakib Shah was wearing a white and black coloured jacket and blue coloured jeans. As per the information, in case, the said persons, alongwith the motorcycle, are nabbed, then, a large quantity of chitta/heroin, could be recovered.

8.2 According to the I.O., in case, search warrants and authorization letter are obtained, in that eventuality, delay would be occurred and the contraband could be removed from there.

8.3 The information was found to be authentic and reliable, upon which, the I.O. complied with the provisions of Section 42 (2) of the NDPS Act.

8.4 In the meanwhile, on the spot, one motorcycle bearing registration No. HP-17E-7073 was noticed. The said motorcycle was signalled to stop and the rider of the motorcycle and the pillion rider were inquired about their names and addresses. On inquiry, the rider disclosed his name as