The court emphasized the restrictions on granting bail under Section 37 of the NDPS Act for offences involving commercial quantity of contraband.

1. Through the instant application filed under Section 497-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) applicant seeks bail in FIR No. 108/2018 dated 02.10.2018 for commission of offence under Sections 08/15 NDPS Act, 147/148/353/323/109 RPC.

2. Facts, relevant for disposal of the present bail application, briefly stated are that applicant is a government servant and is holding the post of Range officer in the Forest Department. On 2nd October, 2018 at about 3.15 PM, he while discharging his official duties as I/c Range Officer Lakhanpur at forest check post, Lakhanpur received a specific information that forest produce was being illegally carried in a truck bearing registration NoJK13A-9512 from out of the State of Jammu and Kashmir. Applicant as such, having the specific information, laid a Naka along with other officials of the forest department and truck was taken to the office of the applicant for physical checking of the vehicle as the truck was fully loaded and required to be thoroughly checked by the officials of the forest department to find out the forest produce which was being illegally transported outside the state of Jammu and Kashmir. It is stated that after the truck was taken to the office of the applicant and before any verification could be done with respect to the contents loaded in the aforesaid truck, applicant along with other police personnel of Police Station Lakhanpur District, Kathua as also the police personnel posted in the Police Post Industrial Estate Kathua, broke opened the locks of the Gate of the Forest Check Post where the truck had been parked and started physically beating the applicant and other forest officials posted in the said Check Post, who were present on spot. It is further stated that the applicants well as other staff posted in the Forest Check Post were surprised to see the aforesaid conduct of the police personnel as the said personnel were behaving like goons and were interfering with the discharge of duties by the applicant. It is stated that serious injuries were inflicted by the non-applicant along with others upon the applicant and other staff posted in the Forest Chock Post and in this incident ear drum of one of the forest guard got damaged due to the injuries inflicted by the non-applicant and other police personnel. After breaking open the lock of the Forest Check Post, the driver along with the truck was taken away by the non-applicant from the Forest Check Post. Thereafter, immediately after the incident, applicant reported the matter to the Divisional Forest Officer, Forest Division, Kathua. It is stated that the said incident had taken place at about 3.15 PM and the truck had been apprehended by the applicant along with other forest officials at about 3 PM. It is stated that the Forest Check Post as well as the Police Station are located in the adjacent to building and are separated by only a wall.

3. Learned counsel for the applicant contended that after reporting the matter to the Divisional Forest Officer, Forest Division, Kathua, the Divisional Forest Officer took up the matter with respondent no.5 vide his Communication No KFDA-APCP-2018-19/3150-53.10.2018. Thereafter, immediately on the same day i.e., 02.10.2018, the entire matter was brought to the kind notice of the SSP, Kathua and the said Truck was handed over back to the forest officials of the forest check post, Lakhanpur. After holding the physical verification of the said truck, the applicant wrote to the non applicant to take back the truck as poppy straw is found loaded in the said truck and the same was being transported illegally outside the State of J&K. A formal application was moved before the SSH, Kathua for the registration of FIR against the non-applicant and other erring police personnel. The SSP. Kathua did not take any action against the non-applicant and other police personnel. Thereafter, applicant approached this Hon’ble this Court, and this Court order