The court ruled that the applicant's possession of contraband did not constitute commercial quantity, allowing bail based on the presumption of innocence and absence of prior offenses.

The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?

For the applicant : Mr. Sunit Verma Advocate, vice Mr. Umesh Kanwar, Advocate.

For the respondent : Mr. Anup Rattan, Advocate General with Mr. Mohinder Zharaick, Additional Advocate General and Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Kamal Kumar, Police Station, Gagal, District Kangra, H.P.

Virender Singh, Judge By way of the present application, filed under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’), applicant-Sumit Kumar has sought his release, on bail, during the pendency of the trial, arising out of FIR No.62 of 2025, dated 02.05.2025, registered under Sections 21-61-85 of the Narcotic Drugs & Psychotropic

1 Whether reporters of Local Papers may be allowed to see the judgment?

Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Gaggal, District Kangra H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in this case for allegedly possessing 53.84 grams heroin/chitta, whereas, according to the applicant, he has no concern, whatsoever, with the recovery of the said contraband.

3. Apart from this, it is the case of the applicant that the contraband allegedly shown to have been recovered from the possession of the applicant does not fall within the definition of commercial quantity. As such, rigors of Section 37 of the NDPS Act, are not applicable, in this case.

4. On the basis of the above facts, the applicant has prayed that during the pendency of the trial, he may kindly be released on bail.

5. Apart from this, Mr. Sunit Verma, Advocate, vice Mr. Umesh Kanwar, Advocate, 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.

6. On the basis of the above facts, a prayer has been made to allow the application.

7. When, put to notice, the police has filed the status report, disclosing therein, that on 02.05.2025, ASI Pramod Singh, along with along with other police officials, was on patrolling duty and duty to detect the crime. At about 12:35, in the midnight, when he reached at a place known as Kuthma, near Banoi bridge, on Kangra-Pathankot road, then, he noticed a scooty, being driven by its driver, coming from Pathankot side. On seeing the vehicle of the police, the scooty driver got perplexed and tried to turn back towards Banoi, due to which, his scooty fell down on the road. After leaving scooty there, the said person ran from there and while running, he had taken out something, out of his pants and thrown the same.

7.1. The said person was nabbed at a distance of about 10-15 paces. He was found to be perplexed. He could not give the satisfactory answer about the article, which he had thrown away, as such, IO developed a suspicion that the said article might be narcotic substance. As such, he has requested, Ravi Kumar, Pradhan Gram Panchayat, Kuthma, to come to the spot. After 10 to 15 minutes, he reached at the spot and was associated as independent witness. Thereafter, the name and address of the person, who was nabbed, was inquired. On inquiry, he had disclosed his name as Sumit Kumar (applicant).

Thereafter, the article thrown away by him has been lifted and checked and the same was found to be a polythene envelope, which was tied and electronic weighing scale was also found. When the knot was untied, the envelope was found containing white coloured powdered/granule shaped substance.

7.2 On checking the same on detection kit, the same was found to