Bail in NDPS commercial quantity cases requires mandatory satisfaction of twin conditions under Section 37: reasonable belief accused not guilty and unlikely to reoffend; employee status at shop with recovery insufficient.

JUDGMENT :
Virender Singh, Judge

Applicant-Abdul Basit, has filed the present application, 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, arising out of FIR No.108/2025, dated 11th May, 2025, registered with Police Station, Paonta Sahib, District Sirmaur, H.P., under Sections 20, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).

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

3. As per the applicant, he is young man of 21 years and student of D-Pharma and also working as part time at a licensed medical shop in Uttar Pradesh.

4. It is the further case of the applicant that he has falsely been implicated, in this case, on the basis of his employment, in the shop and no recovery has been effected from him. The said shop is owned by co-accused Faizan. He was present on the shop as part time helper/employee.

5. All these facts have been pleaded to demonstrate that he was having no dominion and ownership over the said shop.

6. According to the applicant, the principal accused namely Chemist Mohd. Faizan was absconding and now, he has been arrested.

7. The applicant, earlier has tried his luck, by moving similar application, before this Court, which was dismissed as withdrawn on 11.09.2025. Thereafter, the applicant has filed application before the Court of learned Special Judge-II, Nahan, District Sirmaur, however, the said application was dismissed on 16.10.2025.

8. As per the applicant, investigation, in the present case, is complete and no useful purpose would be served by keeping him, in the judicial custody.

9. Elaborating the principle that ‘bail is the rule and jail is an exception’, the applicant has pleaded that he has no role to play in the crime in question.

10. The CCL/co-accused of the applicant is also stated to have already been released on bail, as such, he has sought the relief of bail on the ground of parity also.

11. Apart from this, the learned counsel appearing on behalf of 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.

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

13. When put to notice, police has filed the status report, disclosing therein, that on 11.05.2025, HC Anil Kumar, No.645, along with other police official, was on patrolling duty to detect the crime relating to excise, narcotics and gambling Act, in the area of Sub-Division Paonta Sahib.

13.1. At about 01.15 p.m., when, the police party was present at Batamandi, then, the I.O., received a secret information that one Bilal Khan son of Yakub Ali, along with a boy, namely ABC, is coming on his motorcycle bearing Registration No.HP17F-0877, with drugs and smack with them from Uttar Pradesh to Paonta Sahib. As per the information, in case, he is nabbed, large quantity of contraband could be recovered.

13.2. According to the I.O., in case, he obtains the search warrants and authorization letter, delay could be caused and contraband could be removed from there.

13.3. The information was found to be authentic and reliable, as such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act