Bail may be granted in NDPS cases where the recovered quantity is not 'commercial' as Section 37 rigors do not apply, and pending criminal cases without conviction cannot justify indefinite pre-trial detention.

Virender Singh, Judge

(oral)

Applicant Vishal Thakur 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. 10 of 2025, dated 24.1.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Kunihar, District Solan, H.P.

The applicant has pleaded the fact 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.

As per the applicant, he is having deep roots in the society, as such, there is no likelihood of his fleeing away from justice.

According to the applicant, the contraband involved in the present case, 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.

The applicant has tried his luck by moving bail application No. 21-ASJ-II/22 of 2025, before the Court of learned Special Judge-III, Solan, H.P., however, the same was dismissed on 20.3.2025.

Thereafter, he has filed the bail application before this Court, bearing Cr. MPM No. 1874/2025, which was also dismissed on 16.09.2025, on account of the fact that he has concealed his criminal history, whereas, in the present application, he has given the details of the cases, in para 10 of the bail application, according to which, FIR No. 132/2024, dated 01.08.2024, with Police Station West (Shimla), under Sections 21 & 29 of ND&PS Act, has been registered against him.

The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial.

Apart from this, the learned Counsel for the applicant has also sought relief of bail on the ground of parity that his co-accused has been granted bail by this Court in Cr. MP(M) No. 883 of 2025, vide order dated 5.5.2025.

On these submissions, a prayer has been made to allow the bail application.

When put to notice, the police has filed the status report, disclosing therein, that on 24.1.2025, HC Rajinder Kumar, alongwith other police officials, in a private vehicle, was on patrolling duty, and the duty to detect the crime, relating to excise. When, the I.O. alongwith other police officials, was present, then, at a place known as ‘Talochi’, he received a secret information at about 6:10 p.m., regarding the fact that one Himanshu is coming in a vehicle bearing registration No. HP11A-8690 Maruti 800 (white coloured) from Kunihar side, and in case, the said vehicle is checked, a large quantity of chitta (heroin) could be recovered. The said information was found to be authentic and reliable. As such, provisions of Section 42(2) of the NDPS Act have been complied with by submitting a report to the Supervisory Officer.

10.1 Thereafter, the I.O. associated one Pritam in the investigation of the case and put the picketing at a place near Badori. At about 6:25 p.m., the I.O. noticed the aforesaid vehicle coming from Kunihar side. The vehicle was signaled to stop.

10.2 The driver of the vehicle was apprised about the secret information. Thereafter, his name and address was inquired. On inquiry, he disclosed his name as Himanshu Chauhan S/o Amar Prakash Chauhan. Thereafter, the vehicle was searched. During search of the vehicle, under the lid of petrol tank, one transparent plastic pouch was found, which was found containing stone shaped brown coloured substance. The said substance, on the basis of experience, was found to be chitta/heroin. On weighment, the said chitta was found to be 17 grams. Other codal formalities were completed. Thereafter, ruqua was submitted. Applicant was arrested and