A successive bail application in NDPS cases involving commercial quantities is not maintainable without a material change in circumstances. Courts cannot conduct a 'mini-trial' by evaluating witness credibility or hostility at the bail stage, nor override the Section 37 embargo based on trial delay alone.

The petitioner has filed the present petition for seeking regular bail in FIR No. 176 of 2022 dated 16.07.2022, registered in Police Station West, District Shimla, for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

2. It has been asserted that, as per the prosecution, the police checked the HRTC bus on the intervening night of 15/16.07.2022, and recovered one backpack kept on an iron rack near Seat Nos. 12, 13 and 14W containing 333.63 grams of heroin. The police could not find the owner of the backpack and wrongly arrested the petitioner without any reasonable grounds. The petitioner is innocent, and he has no connection with the aforesaid offence. The investigation is complete, and the charge sheet has been filed before the Court. The petitioner had filed a petition for pre-arrest bail, which was registered as Cr.MP(M) No. 2776 of 2023 and was dismissed by the Court on 04.12.2023. The petitioner was arrested, and he filed another bail application, which was registered as Cr.MP(M) No. 2527 of 2024 and was dismissed on 13.12.2024. The independent witnesses have not supported the prosecution’s case. The petitioner has remained behind bars for more than 2 years. His custody is not required in any manner, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner has to look after his aged parents and minor kids. The petitioner’s mother is an aged woman and under treatment from PGIMER Chandigarh. His father is an ailing person and unable to take care of her. The petitioner is the sole earner of the family, and all family members are dependent upon him. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the police checked an HRTC Bus on 16.07.2022 at 12:15 am and found a backpack on the iron rack kept above seat no. 12, 13, 14W. The Police interrogated the passengers, but nobody claimed ownership of the backpack. The Police checked the backpack and found 333.63 grams of heroin in it. The police seized the heroin and the backpack. The police conducted the investigation and checked the CCTV footage in ISBT, Sector 43, Chandigarh. The police found one person boarding the bus with a backpack. The police matched the photographs of the passengers with the CCTV footage and found the person boarding the bus with the backpack to be the petitioner. The police checked the CCTV footage of the motorcycle parking and found that a person carrying a backpack had got off the motorcycle bearing registration no. CH01-BW-7097. One person came to pick up the motorcycle on 16.7.2022 at 5:00 pm, who revealed his name as Raja Khan and disclosed on enquiry that the motorcycle belonged to Dildar Khan alias Sonu Khan (the present petitioner). The police searched for Dildar Khan, alias Sonu Khan, but could not find him. He had also switched off his mobile phone. The police also obtained the non-bailable warrants of arrest from the Court, but he could not be arrested. The Court issued a proclamation under Section 82 and declared the petitioner a proclaimed offender on 21.08.2023. The petitioner had filed a pre-arrest bail petition before this Court, which was dismissed by this Court on 04.12.2023. The petitioner surrendered on 19.07.2024 and wa