JUDGMENT : Virender Singh, J. 1. Applicant Rakesh Kumar 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, in case FIR No. 202 of 2024, dated 7.11.2024, registered under Sections 18 and 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ND & PS Act), with Police Station, Dharamshala, District Kangra, H.P. 2. 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. 3. The applicant has further pleaded that investigation, in the present case, is complete, as Police has submitted the charge-sheet against him. 4. All these facts have been pleaded to demonstrate that custodial interrogation of the applicant is no longer required by the Police, and no useful purpose would be served by keeping him in judicial custody. 5. The applicant has tried his luck by moving bail application bearing No. 5-D/XXII/2025, before the Court of learned Special Judge-II, Kangra at Dharamshala, District Kangra, H.P., however, the same has been dismissed, on 23.1.2025. 6. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail. 7. On these submissions, a prayer has been made to allow the bail application. 8. When put to notice, the police has filed the status report, disclosing therein, that on 7.11.2024, ASI Tej Singh alongwith other police officials was on patrolling duty. At about 2:00 p.m., when, he reached at Cantonment By Pass road near Volvo Bus stand, then, he noticed a Volvo bus (colour white) parked on the side of the road. Two persons were there, who were unloading the luggage from the said bus. Apart from this, he also noticed a person standing by the side of the bus, who was carrying a Grey coloured rucksack on his back. 9. On seeing the Police, the aforesaid person, tried to flee away, whereas, two other persons were doing their work, as usual. Two persons were there, who were unloading the luggage from the said bus. Apart from this, he also noticed a person standing by the side of the bus, who was carrying a Grey coloured rucksack on his back. 9. On seeing the Police, the aforesaid person, tried to flee away, whereas, two other persons were doing their work, as usual. 9.1 The activities of the person, who was carrying the rucksack, developed suspicion in the mind of the I.O., as such, he, with the help of other police officials, nabbed the said person. Thereafter, the persons who were unloading the luggage from the vehicle, namely Tenzin Thai and Ashwani Kumar @ Sundari were associated as independent witnesses. In the presence of independent witnesses, name of person, who had made efforts to flee away, was inquired. On inquiry, he disclosed his name as Rakesh Kumar (applicant). He shown his reluctance to unzip the rucksack, upon which, the I.O. unzipped the rucksack, which was found containing currency notes of denomination of Rs. 500/-. On searching the bag, 1 gram of opium and 9 grams of chitta/heroin was found. The currency notes, on counting, were found to be Rs.40,00,000/-. 9.2 Thereafter, the I.O. prepared the ruqua and submitted the same to the Police Station for registration of the FIR, upon which, the FIR No. 202 of 2024, dated 7.11.2024, under Sections 18 and 21 of the NDPS Act and Section 318 (4) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), was registered. Thereafter, the applicant was arrested. The currency notes, as well as, the contraband, were taken into possession. 9.3 During investigation, it was found that an amount of Rs. 40,00,000/- was sent by Ashwani Kumar, S/o Madan Lal, R/o H.No. B-1/451, New Delhi, for construction of the hotel. Later on, on the basis of documents, the Police has deleted the provisions of Section 318 (4) of the BNS. 9.4 Lastly, it has been pleaded in the status report that investigation, in the present case, is almost complete and charge sheet has been submitted in the Court of learned ASJ-I, Dharamshala, H.P. 9.5 On the basis of above facts, a prayer has been made to dismiss the present application. 10. The contraband, allegedly recovered, in the present case, does not fall within the definition of ‘commercial quantity’. 10. The contraband, allegedly recovered, 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 to the facts of the present case. 11. Investigation, in the present case, is stated to be complete. Meaning thereby, custodial interrogation of the applicant is no longer required by the Police. 12. Chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 13. Except the present case, no other case is registered against the applicant, as nothing has been mentioned in the status report, nor it has been argued by the learned Addl. A.G. As such, presumption of innocence is still available to the applicant. 14. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial. 15. So far as the apprehensions, which have been expressed in the status report, are concerned, reasonable conditions can be imposed, in case, the applicant is ordered to be released on bail. Merely, on the basis of those apprehensions, the relief, for which, the applicant is entitled for, cannot be rejected. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. The applicant is ordered to be released on bail in Case FIR No. 202 of 2024, dated 7.11.2024, under Sections 18 and 21 of the NDPS Act, registered with Police Station, Dharamshala, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 18. 50,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 18. This order, however, shall be subject to the following conditions:- a) He shall make herself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application; b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) He shall not leave the territory of India without the prior permission of the Court. 19. Any of the observations, made herein above, shall not be taken, as an expression of opinion, on the merits of the case, as these observations are confined, only to the disposal of the present bail application. 20. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Lala Lajpat Rai, District Jail, Dharamshala, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Lala Lajpat Rai, District Jail, Dharamshala is directed to inform this fact to the Secretary, DLSA, Kangra, H.P. The Superintendent of Lala Lajpat Rai, District Jail, Dharamshala is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court within a period of one month from today, then, the said fact be submitted to this Court.