Commercial quantity NDPS bail mandates Section 37 twin conditions: reasonable grounds believing non-guilt and no reoffence likelihood on bail; procedural lapses insufficient for release.

JUDGMENT :

Virender Singh, J.

Applicant Vishal Kumar 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. 133 of 2024, dated 10.11.2024, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND&PS Act), with Police Station, Damtal, Police District Nurpur.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police.

3. According to the applicant, story of the prosecution is highly improbable and rigors of Section 37 of the ND&PS Act are not applicable, in this case.

4. As per the applicant, the case of the prosecution is based on totally absurd, baseless and imaginary story and by no stretch of imagination, a case is made out against him.

5. It is his further case that the story of the prosecution is concocted one, as, no specific role has been attributed to the applicant in the commission of the alleged crime.

6. No recovery is stated to have been effected from the conscious possession of the applicant, nor, any communication pertaining to sale, purchase and transportation of contraband.

7. According to the applicant, investigation of the case is complete and challan has been filed, as such, his custodial interrogation is no longer required by the police, in this case.

8. The applicant has earlier tried his luck by moving bail application before this Court, bearing Cr. MP(M) No. 2147 of 2025, however, the same was dismissed as withdrawn, on 12.09.2025. Thereafter, the applicant has again moved bail application, before this Court, bearing Cr. MP(M) No. 2579 of 2025 and the same was dismissed as withdrawn with liberty to approach the learned Sessions Judge. Subsequently, the applicant approached the learned trial Court, by moving bail application No. 99-N/XXII/2025, which was also dismissed, vide order dated 29.11.2025.

9. 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 the pendency of the the trial.

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

11. When put to notice, the police has filed the status report, disclosing therein, that on 10.11.2024, ASI Satinder Singh, I.O., CIA Staff, Nurpur has submitted a ruqua to Police Station, Damtal, disclosing therein, that he, alongwith other police officials, was on patrolling duty, as well as, duty to detect the crime relating to excise and narcotics. When, the police party was conducting patrolling in Nurpur, Kandwal, Laudhwan, Bhadroya, Damtal and Milwan, and was present near Ranchi Mod, then, he received a secret information at about 6:00 p.m. that a vehicle No. JK-08L-1571 (White coloured Alto) was coming from Milwan side towards Pathankot, in which, Karanpreet Singh S/o Ajeet Singh and Vishal Kumar (applicant), S/o Kamal Kishore were the occupants. As per the information, the aforesaid persons were indulged in the business of selling the charas/cannabis.
11.1 As per the informer, both the persons, namely, Karanpreet Singh and Vishal (applicant) are very clever and they have sent Sahil Kumar S/o Mehar Chand to conduct reiki on his motorcycle, bearing No. JK08N-5726. The said information was found to be authentic and relia