JUDGMENT : Virender Singh, J. Applicant-Trilok Negi, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ' BNSS '), with a prayer to release him on bail, in case FIR No.224 of 2024, dated 20.12.2024, registered under Sections 21 and 29 of the Narcotic Drugs & PsychotropicSubstances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Dhalli, District Shimla, H.P. 2. According to the applicant, he is innocent person and has nothing to do with the offence, for which, he has been named as accused. 3. As per the applicant, during investigation, the police could not collect any evidence, connecting the applicant with the commission of the alleged crime, for which, he has been arrested by the police. 4. It is the further case of the applicant that investigation, in the present case, is complete, as such, no useful purpose would be served by keeping him in judicial custody. 5. As per the applicant, he is the sole bread earner of his family and due to his incarceration, his family is at the verge of starvation. 6. The applicant has sought the relief of bail on the ground of parity as his co-accused has already been released on bail by the learned Special Judge, Shimla. 7. Applicant has also tried his luck before the learned Special Judge, under ND& PS Act (CBI Court), Shimla, District Shimla, H.P., by moving similar application, however, the said bail application has been dismissed, vide order, dated 24 th January, 2025. 8. On the basis of the above facts, Mr. Ankit Chauhan, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 9. On the basis of the above facts, a prayer has been made to allow the application. 10. When put to notice, the police has filed the status report disclosing therein, that on 20.12.2024, HC Puneet Sharma No.54 I.O., Special Cell Shimla submitted a rukka to the Police Station, Dhalli, disclosing therein that he, along with other police officials was on patrolling duty at Sanjauli towards Dhalli. 10.1. At about 3.30. 10. When put to notice, the police has filed the status report disclosing therein, that on 20.12.2024, HC Puneet Sharma No.54 I.O., Special Cell Shimla submitted a rukka to the Police Station, Dhalli, disclosing therein that he, along with other police officials was on patrolling duty at Sanjauli towards Dhalli. 10.1. At about 3.30. p.m., when they were present near Dhalli tunnel, then he received an information from his source with regard to the fact that three persons are dealing with the sale and purchase of Chitta in the room in Ahaluwalia building near transformer and in case, the said room is raided, then, those persons could be nabbed along with Chitta. 10.2. The said information was found to be authentic and reliable. As per the I.O., in case, he would have obtained search warrants, in that situation, the accused, as well as, the contraband could not be found there. As such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer. 10.3. Thereafter, the police party had left towards the spot. On the way, they had associated Om Prakash Sharma and Rajinder Chauhan, as independent witnesses, after apprising them about the secret information. Thereafter, they had reached at the spot. 10.4. When the police party reached on the 4 th floor of Ahaluwalia Building, then the I.O. had knocked the door, which was opened by one Sandeep, care taker of the PG. He was also apprised about the secret information, which the I.O. had received. 10.5. The said care taker also confirmed the fact that in one room of the PG , three persons are sitting. When, the Police, along with independent witnesses, reached at the door of said room, the same was found to be bolted from inside. When the door was knocked, the same was opened. On opening, the police noticed three persons inside the room. 10.5. Out of the persons, who were found behind the person, who had opened the door, one had fled away from the window of washroom. Other two persons were directed to go out from the room. After apprising them about the secret information, their antecedents were inquired. On inquiry, they had disclosed their names, as Trilok Negi (applicant) and Suraj Prakash Sharma and the person, who had fled away from the spot, as Anupam Thakur. 10.6. Other two persons were directed to go out from the room. After apprising them about the secret information, their antecedents were inquired. On inquiry, they had disclosed their names, as Trilok Negi (applicant) and Suraj Prakash Sharma and the person, who had fled away from the spot, as Anupam Thakur. 10.6. Thereafter, the room was searched. During search, Chitta weighing 9.350 grams was found. Apart from this, the police also found silver foil and the burnt currency notes in the denomination of 10 and 20. Consequently, the said contraband was taken into possession and rukka was sent to the Police Station for registration of the FIR. Accused persons were arrested. On the same day, Anupam Thakur, appeared before the police and he was also arrested. 11. After completion of the codal formalities, the contraband, so recovered, was sent to SFSL Junga. After receiving positive reports, the police filed the charge sheet. 12. It has also been mentioned in the status report that the co-accused of the applicant namely; Anupam Thakur and Suraj Prakash Sharma, were released on bail by learned Special Judge, on 7.1.2025. 13. During investigation, various financial transactions between the three accused were found. In addition to this, it has also been mentioned by the police in the status report that apart from the present case, two other cases were also found to have been registered against the applicant, particulars of which are, as under:- 1. FIR No.50/2021 dated 04.06.2021, under Section 21, 25 and 29 NDPS Act, Police Station Rohru, District Shimla; 2. FIR No.78 of 2022, dated 11.06.2022, under Section 21 NDPS Act, Police Station Dhalli. 14. On all these submissions, a prayer has been made to dismiss the application. 15. As per the status report, except the present case, no other case was found to be registered against the co-accused of the applicant; namely Suraj Prakash Sharma and Anupam Thakur, who were ordered to be released by the learned Special Judge, Shimla, whereas, two cases, that too, under Section 21 of the NDPS Act, were found to be registered against the applicant. 16. A person, who is approaching the Court, must mention all the material facts. 16. A person, who is approaching the Court, must mention all the material facts. Although, the applicant, in para 3 of the application, has given a reference with regard to the fact that he has falsely been implicated, just on the basis of his previous antecedents, but, without giving details of those cases, the said vague averment amounts to concealment of material facts, whereas, the police, in the status report, has specifically mentioned the FIR numbers of those two cases. 17. A futile attempt of the applicant to conceal the material fact, dis-entitles him from the relief as sought in the application. 18. Offences under the NDPS Act are non-bailable. Merely, on the basis of the fact that the contraband, involved in the present case, as well as, two other cases, according to the learned counsel for the applicant, falls within the definition of non-commercial quantity, no benefit can be given to the applicant, who has concealed the material facts from the scrutiny of this Court. 19. The fact that the investigation is complete also does not entitle the applicant for the relief, as sought, in the application, who has made a futile attempt to mislead the Court by not mentioning the material facts, qua registration of two other cases, that too, under the provisions of NDPS Act, against him, with Police Station Rohru and Dhalli. 20. Considering all these facts, no case to pass any order in favour of the applicant, under Section 483 BNSS , is made out, at this stage. Consequently, the bail application of the applicant is dismissed. 21. 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.