The presumption of innocence and principles of pre-trial release apply; bail granted due to insufficient evidence and no prior offenses.

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

Whether approved for reporting?

For the Applicant : Mr. Vivek Thakur, Advocate.

For the Respondent : Mr. Varun Chandel and Mr.

Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General.

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-Raj Singh has sought his release, on bail, during the pendency of the trial, arising out of FIR No.52 of 2025, dated 11.03.2025, registered under Sections 21 , 25, 27A & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the

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

‘NDPS Act’), with Police Station, Sundernagar, District Mandi, H.P.

2. The applicant has pleaded that he is innocent person and has falsely been implicated, in the present case, as he has no concern, whatsoever with the offence, for which, he has been arrested, by the police.

3. It has been averred in the application that the contraband, allegedly shown to have been recovered, in the present case, does not fall within the definition of ‘commercial quantity’. As such, according to him, rigors of Section 37 of NDPS Act are not applicable, in this case, during the pendency of the trial.

4. The learned counsel for the applicant, has given certain undertakings on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail.

5. Investigation, in the present case, is stated to be completed and according to the applicant, no useful purpose would be served by keeping him in the judicial custody.

6. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Sundernagar, District Mandi, Himachal Pradesh.

However, the same was dismissed vide order dated 02.09.2025.

7. Learned counsel for the applicant has submitted that the applicant is also entitled to the relief of bail, on the basis of parity, as his co-accused Gurlal Singh has already been released on bail, by this Court, vide order dated 16.06.2025, passed in Cr.

M.P.(M)No.1260 of 2025.

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

9. When, put to notice, the police had filed the status report, disclosing therein, that on 11.03.2025, ASI Daulat Ram, IO, along with other police official, was present at place known as Pungh, four lane on Bilaspur to Mandi line. They were on patrolling duty and were checking the vehicles there. They had checked about 40-50 vehicles on that day and then, they noticed the car bearing No.HR33D-5646 make Honda City, (colour white), being driven by its driver from Bilaspur side. ASI Daulat Ram had given the signal to the driver to stop the vehicle, consequently, vehicle was stopped on the left side of the road. Thereafter, ASI/IO Daulat Ram, directed the driver to show the requisite documents, upon which, the said person got perplexed and requested him not to check the documents. His activity raised a suspicion in the mind of IO that he might be having some stolen articles in the vehicle, as such, he has thought it proper to search the vehicle. He has requested the drivers of the vehicles coming from Bilaspur side to be the independent witnesses, but all of them had put forward their personal problems and refused to be the witnesses.

9.1. After somet