The presumption of innocence prevails, and pre-trial detention is not justified when charges do not meet the threshold for commercial quantity under relevant drug statutes.

Virender Singh, Judge

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S ’), applicant- Palwinder Kaur has sought her release, on bail, during the pendency of the trial, in case FIR No.73 of 2025, dated 07.03.2025, registered under Sections 20 , 21 and 29-61- 85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and Section 111 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘ BNS ’), with Police Station Nalagarh, District Solan, H.P.

2. According to the applicant, she is innocent person and has falsely been implicated, in the present case and has no concern whatsoever with the crime, for which, she has been arrested, by the police.

3. The applicant has further pleaded that she is from respectable family and investigation, in the present case, is complete, as, the police has submitted the charge-sheet in the competent Court of law.

4. Apart from this, Mr. K.S. Gill, learned counsel, appearing for 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.

5. On the basis of the above facts, a prayer has been made to release the applicant on bail, during the pendency of the trial, by allowing the bail application.

6. When, put to notice, the police has filed the status report disclosing therein, that on 07.03.2025, HC Parveen Kumar No.36, I/O Special Cell-X, along with other police officials, under the leadership of ASI Ranjit Singh, was on patrolling duty and duty to detect the crime, towards Baddi-Barotiwala-Maanpura-Ramshehr etc. Police party was present at Municipal Park, Nalgarh in Ward No.6 and they had parked their vehicle there and proceeded towards the market, on foot.

6.1. It is the case of the police that on the same day, at about 02:55 pm, police party noticed a person, driving black coloured Bullet motorcycle, without number plate, in Street No.6. Pillion rider was also there. On the petrol tank of the said motorcycle, a handbag was also noticed. Two persons, namely Rishabh Khullar and Purushotam Lal, were associated and subsequently, name and address of the person, who was driving the Bullet motorcycle, was enquired, who disclosed his name as Prince Kumar, S/o Bhagvir Singh and the pillion rider also disclosed his name as Arvind Verma.

6.2. Thereafter, the handbag, which was on the petrol tank of Bullet, was opened and on opening, some currency notes were found from the big zip pocket and two transparent zip pouches were found from the small zip pocket, containing muddy coloured lump like and powder like substance. Apart from this, green carry bag was also found, which, on opening, was found to be a black coloured ball like substance, which, on the basis of smell and experience, was found to be charas. The currency notes, on counting, were found to be Rs.12,900/- and when, the substance, found in the zip pouches, was checked, it was found to be heroin/chitta, which, on weighing, was found to be 2.960 gms. The charas was also found, which, on weighing, was found to be 77.770 gms. The contraband was taken into possession. Thereafter, IO had completed the other codal formalities.

6.3. On the basis of above facts, police registered the FIR in question and both the accused persons were arrested.

6.4. During the investigation from those two accused persons, involvement of Laddi, R/o Dhatowal, was also found, as, accused Arvind Verma has disclosed to the police