ORDER : Petitioner is an accused in case registered vide FIR No. 137 of 2021, dated 29.12.2021, at Police Station, Dharampur, District Solan, H.P. under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances, Act 1985 (for short ‘NDPS Act’). 2. Petitioner has approached this Court for grant of bail under Section 439 Cr.P.C., in above noted case, on the grounds that he is innocent and has nothing to do with the case. It is stated that no contraband was recovered from the conscious possession of the petitioner. As per petitioner, Ajay Kumar was driving the vehicle, his wife Avneet Aulokh was sitting with him and on rear seats, Savita Thakur, Himanshu Sahotra and the petitioner were sitting. The occupants of the vehicle were produced before the Incharge, Police Station, Dharampur. The informant, Gurinder Singh also came there and disclosed that the girl (Savita Thakur) was being taken forcibly by the petitioner. Savita Thakur also raised suspicion that the petitioner might have some intoxicants with him. During personal search of the accused persons namely Ajay, Himanshu and the petitioner, nothing was recovered. The police is stated to have recovered contraband from Avneet Aulokh. Petitioner has disclosed his age as 33 years and has stated that he is permanent resident of Chakkar, Tehsil and District Shimla, H.P. and there is no likelihood of his fleeing from the course of justice. Petitioner has undertaken not to tamper with prosecution evidence and also to abide by all the conditions as may be imposed against him. It is stated that petitioner is involved in six cases vide FIR Nos. Petitioner has undertaken not to tamper with prosecution evidence and also to abide by all the conditions as may be imposed against him. It is stated that petitioner is involved in six cases vide FIR Nos. 39 of 2009, dated 18.4.2009 under Sections 379, 34 IPC registered at Police Station, Kumarsain, District Shimla, 59/2009, dated 13.4.2009, under Sections 379, 34 IPC registered at Police Station, Sadar, Shimla, 138/2011, dated 5.7.2011, under Section 20 of the NDPS Act, Sections 341, 323, 324, 34 IPC and Sections 25, 54, 59 of the Arms Act, registered at Police Station, Boileauganj, Shimla, 03/2011, dated 02.01.2011 under Sections 341, 323, 34 IPC, registered at Police Station, Boileauganj, Shimla, 277 of 2011 dated 4.12.2011, under Sections 147, 148, 149, 323, 427 IPC, registered at Police Station, Boileauganj, Shimla and FIR No.136 of 2021 dated 28.12.2021, under Sections 365, 342, 323, 34 IPC registered at Police Station, Dharampur, District Solan, H.P. Out of these cases, in three cases the petitioner has been acquitted and three cases are still pending in the Courts. 3. In response, the status report has been filed. It is stated that on 28.12.2021 at about 7.18 P.M. an information was received at Police Station, Dharampur, through helpline No.112 to the effect that a vehicle No.HP-63A-5755 was approaching Dharampur from the side of Parwanoo and some girl had been abducted. On this information, the vehicle No. HP-63A-5755 was stopped by the police party. The vehicle was being driven by Ajay Kumar, who was accompanied by his wife Avneet Aulokh on the adjoining front seat. On the rear seat one Savita Thakur, Himanshu Sahotra and the petitioner were found sitting. In the meantime, the complainant Gurinder Singh and his wife Mona Singh R/o Chandigarh reached the Police Station. On inquiry, Savita Thakur disclosed that she was forcibly brought by the petitioner. She also raised suspicion that the petitioner could be in possession of some intoxicants. After compliance of Sections 42 (2) and 50 of the NDPS Act, search of occupants of the car was conducted. Number of capsules and tablets branded as ‘Whisper Ulra’, ‘Spas-Trancan Plus’, ‘Tramadol’, ‘Acetaminophen’, ‘Nitrazepam’ etc. were recovered from the person of Avneet Aulokh. As per SFSL report, recovered Capsules weighed 166.244 grams and recovered Tablets weighed 24.166 grams. As per scientific opinion, the Capsules and Tablets were found to be sample of Tramadol and Nitrazepam. Number of capsules and tablets branded as ‘Whisper Ulra’, ‘Spas-Trancan Plus’, ‘Tramadol’, ‘Acetaminophen’, ‘Nitrazepam’ etc. were recovered from the person of Avneet Aulokh. As per SFSL report, recovered Capsules weighed 166.244 grams and recovered Tablets weighed 24.166 grams. As per scientific opinion, the Capsules and Tablets were found to be sample of Tramadol and Nitrazepam. The quantity of contraband was found to be intermediate quantity of the NDPS. It is further stated that the petitioner was arrested on 29.12.2021 at 3.30 A.M. The investigation is stated to be complete. 4. I have heard learned counsel for the petitioner and learned Additional Advocate General for the State and have also gone through the status report. 5. The contraband recovered in the case is intermediate quantity and hence, rigors of Section 37 of the NDPS Act will not be applicable. From the status report filed by the respondent, it cannot be inferred that petitioner had knowledge of the conduct of the co-occupant of the car namely Avneet Aulokh, who was carrying the contraband on her person. 6. The allegations against the petitioner are yet to be proved. Pre-trial incarceration is not warranted in the facts of the case as the same will serve no fruitful purpose. Petitioner is permanent resident of Chakkar, Tehsil and District Shimla, H.P. There is no likelihood of his fleeing from the course of justice. The registration of cases against the petitioner in the past cannot be a ground to deny bail to the petitioner as there is no conviction recorded against his name. Further there is no link between the past cases with case in hand. 7. It is not the case of the respondent that in case of grant of bail to the petitioner, the trial of the case shall be affected adversely. There is no material on record to infer that the petitioner may tamper with prosecution evidence. 8. In light of above discussion, the application is allowed and the petitioner is ordered to be released on bail in case registered vide FIR No. 137 of 2021, dated 29.12.2021, at Police Station, Dharampur, District Solan, H.P. under Sections 22 and 29 of the NDPS Act, on his furnishing personal bond in the sum of Rs. 8. In light of above discussion, the application is allowed and the petitioner is ordered to be released on bail in case registered vide FIR No. 137 of 2021, dated 29.12.2021, at Police Station, Dharampur, District Solan, H.P. under Sections 22 and 29 of the NDPS Act, on his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Solan, District Solan, H.P. or in his absence, any other Judicial Magistrate First Class, on duty. This order is, however, subject to following conditions : (i) That the petitioner shall regularly attend the trial of the case before the learned Trial Court and shall not cause any delay in its conclusion. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and shall not tamper with the prosecution evidence. (iii) That the petitioner shall not indulge in any criminal activity and in the event of breach of this condition, the bail granted to the petitioner in this case, shall automatically be cancelled. (iv) That the petitioner shall not leave the territory of India without express leave of the Trial Court during the Trial. 9. Any observation made in this order shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.