Bail under NDPS Section 37 requires court satisfaction beyond prima facie that accused is not guilty and will not commit offence on bail; concealment of prior NDPS cases justifies rejection.

JUDGMENT :

Virender Singh, J.

Applicant Moti Sharma 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. 64 of 2025, dated 10.4.2025, 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, Boileauganj, District Shimla, H.P.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case and the contraband, which is stated to be 23.72 grams, does not fall within the definition of ‘commercial quantity’. As such, according to the applicant, rigors of Section 37 of the NDPS Act are not applicable in the present case.

3. 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.

4. Applicant has pleaded that he belongs to a respectable family and having deep roots in the society.

5. 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.

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

7. When put to notice, the police has filed the status report, disclosing therein, that on 10.4.2025, H.C. Puneet Sharma No. 54, I.O., SIU, Shimla has submitted a ruqua, disclosing therein that on 10.4.2025, he alongwith other police officials, under the leadership of ASI Sushil Kumar, was on patrolling duty, towards ISBT Shimla, Tutikandi and Sankat Mochan. When, he was at ISBT Shimla, then, he received a secret information from the reliable sources that in the house of Shiv Singh Thakur, in village Tikkar, in the room of one Mamta, applicant Moti Sharma was staying and has brought large quantity of contraband, from the adjoining state and selling the same to the customers. As per the information, if the said room is searched, then, a large quantity of heroin/chitta could be recovered from applicant Moti Sharma.

7.1 The said information was found to be authentic and reliable. As per the Police, in the eventuality of obtaining the search warrant, delay could occur and contraband could be removed from there. The said information was found to be reliable, as such, he has complied with the provisions of Section 42(2) of the NDPS Act, and submitted the same to the Supervisory Officer.
7.2 Thereafter, a request was made to Police Station to depute one Lady Constable by sending her to ISBT, Shimla, upon which, Lady Const. Saroj No. 1592 reached at the spot, who was associated in the team. Thereafter, the police team proceeded towards the spot and at about 12:00 at noon, they reached at village Tikkar. In the said village, one person was there in the carpenter shop, to which, the I.O. has given his personal identification and apprised him about the secret information. Thereafter, owner of the house Shiv Singh Thakur was called to the spot. Said Shiv Singh Thakur reached at the spot and he was associated in the investigation.
7.3 Apart from this, one Jagat Pal Singh was also associated in the investigation. Alongwith the police team and independent witnesses, the I.O. reached at the second floor of the house of Shiv Singh Tha