Pre-arrest bail is an extraordinary remedy and should be denied in serious offenses when sufficient evidence warrants custodial interrogation.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking pre-arrest bail in FIR No. 107 of 2024, dated 14.8.2024, registered at Police Station, Sadar, District Shimla, H.P., for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS) and Section 111 of Bhartiya Nyaya Sanhita, 2023) (BNS).

2. It has been asserted that the petitioner is a government servant in the Police Department, having an unblemished service record and respectable family background. The petitioner was falsely implicated in this case. No recovery was effected from the petitioner. There is no financial transaction connecting the petitioner to the commission of crime. Rigours of Section 37 of the NDPS Act are not attracted to the present case. The charge sheet has already been filed, and the custodial interrogation of the petitioner is not required. The petitioner is being named based on the statement made by the co-accused during the investigation. No clear chain of evidence has been established by the prosecution. The petitioner would abide by the terms and conditions that the Court may impose. Hence, the petition.

3. The petition is opposed by filing status report asserting that the police were on patrolling duty on 13.8.2024. secret information was received on 14th August 2024 at about 12:05 am that two persons staying in room number 101 of the hotel Himachal had a huge quantity of narcotics. The police reduced the information to writing and sent it to the supervisory officer. The police went to room number 101 with independent witnesses. Suraj and Rohit Pandey were found in the room. The police searched the room and recovered one polythene packet containing 6.380 grams of heroin and a digital weighing machine. The police seized the heroin and the digital weighing machine. The police arrested the occupants of the room. Suraj and Rohit Pandey disclosed during the investigation that Sandeep Shah had supplied the heroin to them. Sandeep Shah used to send the location and direct them to keep the heroin in those locations. They would drop the heroin and send the location to Sandeep Shah via WhatsApp. The police checked the call detail records and the bank account statements. The police found that Jitender Verma, Jugal Kishore and Aastik Chauhan were in contact with Rohit Pandey and Suraj. They had transferred a huge amount to Sandeep Shah’s bank account. Police arrested Jitender Verma, Jugal Kishore, Aastik Chauhan, Sandeep Shah and Neeraj Kashyap. The police found during the investigation that Sandeep Shah was dealing in narcotics. FIR number 108/2022 and FIR number 190/21 were registered against him. The main accused, Sandeep Shah, disclosed during the interrogation that the police officials were also involved in the commission of the offence. He named Jugal Kishore, Sandy, Rajat and Rohit. The police arrested Jugal Kishore and Rajat Chandel. Rajat Chandel disclosed during interrogation that Honey Verma, Advocate, the cousin of Rahul Verma (bail petitioner), had transferred money by saying that it was a fee for the clients. The bail petitioner used to inquire from Rajat Chandel about the transfer of the money. Rajat Chandel had transferred  Rs. 1.5 lacs to the petitioner. The police checked four mobile phones of Sandeep Shah and found that Mobile No.xxx820 was saved in the mobile phone of Sandeep Shah as Bhai Original and Rahul Bhai (Bhai Original). This number was found to be in touch with the virtual mobile No.xxx260 on 5.8.2024 and xxx545 between 12.9.2024 to 16.9.2024. One mobile number, xxx083, was found to be in touch with the mobile numbers of Sandeep Shah on xxx990. The chat was found in the mobile related to the partnership in narcotics, getting the heroin on the location, taking it in packets, depositing the money, change of name, saving the number with deep glasses, tracking by the police, inability to help Sandeep Shah due to transfer, passing the i