The court ruled that pre-trial detention is not permissible without compelling reasons, emphasizing the presumption of innocence.

Virender Singh, Judge (oral)

Applicant-Rajender Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as the ' BNSS '), with a prayer to release him on bail, during the pendency of the trial, arising out of FIR No.48 of 2025, dated 14.02.2025, registered, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

referred to as the ‘NDPS Act’), with Police Station, Balh, District Mandi, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated by the Police, in this case, for allegedly possessing Chitta/Heroin, weighing 6 grams, whereas, according to the applicant, he has no concern whatsoever with the contraband, so recovered.

3. The investigation, in the present case, is stated to have been completed and the charge sheet has been filed in the competent Court of law.

4. The applicant has also mentioned that as many as 15 cases have been registered against him, out of which 6 cases have been registered under the provisions of NDPS Act.

5. The applicant has earlier tried his luck, by moving similar application, before the Court of learned Special Judge, Mandi, however, his application has been dismissed on 1.5.2025.

6. Apart from this, Mr. Vijay Chaudhary, 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.

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

8. When put to notice, the police has filed the status report, disclosing therein, that HC Janak Raj, has submitted a rukka to Police Station, Balh, mentioning therein, that on 14.02.2025, he, along with other Police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotic substances.

8.1. At about 11.45 a.m., when the police party reached at a place known Lohara, then, the I.O. received a secret information regarding indulgence of one Rejender @ Manu, in the business of selling Chitta/Heroin and as per the information, he has stored Heroin/Chitta, in large quantity, in his residential house and used to sell the same to his customers in small quantity.

8.2. As per the information, in case, his residential house is searched, large quantity of Heroin/Chitta, could be recovered. The said information was found to be authentic and reliable.

8.3. According to the I.O., the Court complex is situated at a considerable distance and in case of obtaining the search warrants, the contraband, could be removed from there. As such, information under Section 42(2) of the NDPS Act, was prepared and submitted to the superior officer. Thereafter, at about 11.58 a.m., he has proceeded towards the spot.

8.4. On the way, at about 12.00 p.m., when the police party reached at Kansa, the I.O. informed Smt. Reeta Devi, Pradhan Gram Panchayat Syahan, about the secret information telephonically and requested her to be the witness. After some time, said Reeta Devi wife of Roop Lal Chaudahry, met the I.O., who was associated, in the investigation of the case, as independent witness.

8.5. Thereafter, the police party reached at the residential house of the person named in the secret information. When, the I.O. called the occupant of the house by calling his name as Manu, then, one man and one woman came out.

8.6. In the presence of the said person, the man disclosed his name as Rajender @ Manu son of Ramu (applicant) and the lady disclosed her name as Poonam Devi wife of Manu. Thereafter, the I.O. apprised them about the secret information and intention of the I.O. to search the house.

8.7. Duri