Virender Singh, Judge

Applicant-Kumar Chand has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘ BNSS ’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 133/2024, dated 21.11.2024, under Section s 18 , 20, 25 & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Palampur, District Kangra, H.P.

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

3. As per the stand of the applicant, he has been arrested mainly on the ground of having committed offence under Section 29 of the ND&PS Act, whereas no contraband has been recovered from him nor at his instance. The alleged contraband was recovered from an unclaimed bag in the bus and no passenger came forward to own the same.

4. It is his further case that he has been named as accused in the case, on the basis of statement of co- passenger and said statement is stated to be inadmissible and the same is hit by the judgment of Hon’ble Apex Court in Toofan Singh’s case. He has termed the entire prosecution case