Bail for narcotic offenses is contingent upon satisfying twin conditions of no offense committed and no risk of reoffending, particularly when commercial quantities are involved.

Virende r Singh, Judge (Oral)

Applicant-Les Ram 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. 212 of 2023, dated 06.11.2023, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Bhuntar, District Kullu, H.P.

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

2. According to the applicant, he is innocent person and has falsely been implicated, in this case, at the instance.

of the police.

3. The applicant has further pleadedH that the investigation, in the present case, is complete and despite the fact that he is in judicial custody, for the last one year and six months, the trial against him could not be concluded.

4. Apart from this, 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.

5. On the basis of the above facts, a prayer has been made to allow the present application, as prayed for.

6g. When, put to notice, the police has filed the status ireport, disclosing therein, that on 06.11.2023, ASI Mukesh Kumar, along with other police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotics and they proceeded towards the place known as Hathithan- Seund. On 06.11.2023 at about 6:45 PM, when, IO, along with the other police officials, was present at a place known as Seund on Manikaran road and was checking the vehicles passing from there, then, IO noticed a person, having a Pithu bag (rucksack) coming on his foot, from Charod Nalla side.

He on seeing the police party, got perplexed and tried to turn.

back and he threw the rucksack on the right side of the road and start moving in fast paces towards Charod NHalla side, upon which, ASI Mukesh Kumar, nabbed him at a distance of about 10 to 15 paces.

6.1. It is the case of the police that thereafter, the matter was enquired from the said person, as to why, he had thrown the bag, upon which, he got nervous. In the meanwhile, vehicle No.HP34F-3355 being driven by its driver reached there from Manikaran side, to whom, ASI Mukesh Kumar gave signal to stop the vehicle. Consequently, the driver stopped the vehicle. On inquiry, the said driver dgisclosed his name as Tikam Ram. IO apprised him about the ifactual position and requested him to be the independent witness, upon which, he has given his consent. Thereafter, the name and address of the person, who was nabbed, were ascertained.

6.2. It is the further case of the police that on enquiry, the person, who was nabbed, disclosed his name as Les Ram (applicant). When, the bag, thrown by him, was checked, the same was found containing black coloured ball shaped, wrapped in plastic substance. On weighment, it was found to be 1 kg. 654 grams charas, which was taken into possession..

Other codal formalities were completed.

6.3. After registration of the FIR, the appHlicant was arrested.

6.4. Thereafter, the proceedings, under Section 52(A) of NDPS Act, were got conducted and the contraband was sent to SFSL Junga. After receiving the positive report, police has filed the charge-sheet before the Court of learned Special Judge, Kullu, on 19.12.2023. Out of the total 12 witnesses, 6 witness have already been examined and the case is now stated to be listed on 26/27.08.2025 for recording the statements of PWs mentioned at serial No.1, 2 and 10 of the wgitness list.

i7. On the basis of the above facts, a prayer has been made to dismiss the application.

8. Heard.

9. In the present case, the contraband, allegedly rec