JUDGMENT : Virender Singh, J. Applicant-Ram Bahadur, 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, during the pendency of the trial, in case FIR No.5 of 2025, dated 24.01.2025, registered under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Jubbal, District Shimla, H.P. 2. According to the applicant, he has falsely been arrayed as accused, in the above noted case, and has wrongly been arrested for allegedly possessing 667 grams of Charas. 3. As per the applicant, he is innocent person and has nothing to do with the contraband allegedly shown to have been recovered from his possession. 4. It is the further case of the applicant that he is residing, along with his wife, on the address, as mentioned, in the application, for the last more than 20-30 years and working in the orchard of Bittu Dhanta @ Mukesh. 5. According to the applicant, the contraband allegedly recovered from his possession does not fall within the definition of commercial quantity, as such, rigors of Section 37 are not applicable, in the present case. 6. As per the applicant, except the present case, no other case has been registered against him. 7. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 8. On the basis of the above facts, a prayer has been made to allow the application. 9. When put to notice, the police has filed the status report disclosing therein, that on 24.01.2025, ASI Pramod Kumar, along with other police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotics at Batargalu. 9.1. At about 5.00. p.m., the I.O., noticed a person coming on foot from Village Dhar, having rucksack, on his back. On seeing the Police vehicle, he got perplexed and made efforts to flee away from the spot. His activities raised suspicion in the mind of the I.O., as such, with the help of Police officials, he was nabbed. 9.2. On inquiry, the said person has disclosed his name as Ram Bahadur. On seeing the Police vehicle, he got perplexed and made efforts to flee away from the spot. His activities raised suspicion in the mind of the I.O., as such, with the help of Police officials, he was nabbed. 9.2. On inquiry, the said person has disclosed his name as Ram Bahadur. Since, it was a secluded place, as such, Shri Kuldeep Pirta, Pradhan, Gram Panchayat Badhal, was requested to come to the spot, after apprising him about the situation of the spot. 9.3. In the presence of said Kuldeep Pirta, the rucksack, carried by Ram Bahadur (applicant), was searched and it was found containing 667 grams of black coloured stick shaped substance, which, on smell and on the basis of experience, as well as, on the disclosure made by accused, was found to be Charas. 9.4. Thereafter, the said contraband was taken into possession and rukka was sent to the Police Station for registration of the FIR. Accused person was arrested. 10. After completion of the codal formalities, the contraband, so recovered, was sent to SFSL Junga, from where, positive report has been received. Presently, the applicant is stated to be in judicial custody. 11. Highlighting the fact that the applicant is a Nepali citizen, a prayer has been made to dismiss the application. 12. Heard. 13. Merely, the fact that the applicant is a Nepali citizen, does not dis-entitle him from the relief, for which, he otherwise is entitled to, as, for such apprehension, reasonable conditions can be imposed, in case, he is ordered to be released on bail. 14. The contraband allegedly recovered from the possession of the applicant, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act, are not applicable in the present case. 15. As per the status report, except the present case, no other case was found to have been registered against the applicant. 16. The applicant is in the judicial custody and this fact demonstrates that he is not required by the police for custodial interrogation. As such, no useful purpose would be served by keeping them, in judicial custody, that too, for indefinite period. 17. Even otherwise, the bail application cannot be rejected, as a matter of punishment, as, pre-trial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by the competent Court of law. As such, no useful purpose would be served by keeping them, in judicial custody, that too, for indefinite period. 17. Even otherwise, the bail application cannot be rejected, as a matter of punishment, as, pre-trial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by the competent Court of law. Moreover, the presumption of innocence is still in favour of accused (applicant). 18. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and are accordingly allowed. The applicant is ordered to be released on bail in case FIR No.5 of 2025, dated 24.01.2025, under Section 20 of the NDPS Act, registered with Police Station, Jubbal, District Shimla, H.P., on his furnishing personal bond, in the sum of Rs.50,000/-, with two sureties, each, in the like amount, to the satisfaction of learned Special Judge, Rohru/Additional Chief Judicial Magistrate, Rohru, District Shimla, H.P. 19. This order of release, however, shall be subject to the following conditions :- “a) Applicant shall make himself 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 appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant 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 Office; and d) Applicant shall not leave the territory of India without the prior permission of the Court.” 20. 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. 21. 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 to be violated by the bail applicant/petitioner. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, District Jail, Kaithu, District Shimla through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 23. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, District Jail, Kaithu, District Shimla through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent Jail, District Jail, Kaithu, District Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent Jail, District Jail, Kaithu, District Shimla, 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.