JUDGMENT : Virender Singh, J. Applicants, have filed the above titled applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release them on bail, in case FIR No.47 of 2024, dated 13.09.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Kotkhai, District Shimla, H.P. 2. According to the applicants, they are innocent persons and have falsely been implicated, in the present case. 3. According to the applicants, no recovery has been effected from them and the investigation, in the present case, is complete, as the police has submitted the charge-sheet against them, in the competent Court of law. 4. Applicants have also tried their luck, by moving similar Applications, before the Court of learned Special Judge, Rohru, Camp at Theog, which were dismissed on2012.2024. 5. Apart from this, learned counsel appearing for the applicants, have given certain undertakings, on behalf of the applicants, for which, the applicants are ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 6. The applicants have also sought the relief of bail on the ground of parity as their co-accused Mehak Negi and Simran Negi, have already been released on bail, by this Court, vide order dated 9.12.2024, passed in Cr.MP(M) Nos.2648 & 2649 of 2024. 7. On the basis of the above facts, a prayer has been made to allow the applications. 8. When put to notice, the police has filed the status report disclosing therein, that on 13.09.2024, I.O./ASI Karan Negi, along with other Police officials, had left the Police Station, in the official vehicle, for patrolling duty in order to detect the crime relating to excise and narcotic drugs. 8.1. At about, 10.30 a.m., when, the police party was present at a place known as Kokunala, then, the I.O. has received a secret information regarding indulgence of Suman Shahi, who is residing in the First Floor of the Rajinder Negi building, Kotkhai in the sale of Chitta/ heroin. As per the information, in case, said rented accommodation is searched, then, large quantity of Chitta/Heroin could be recovered. 8.2. The said information was found to be authentic and reliable. As per the information, in case, said rented accommodation is searched, then, large quantity of Chitta/Heroin could be recovered. 8.2. The said information was found to be authentic and reliable. According to the I.O., in case, search warrants were obtained, in that eventuality, there were chances that the contraband couldbe removed therefrom. As such, the information under Section 42(2) ND & PS Act, was prepared and the same was sent to the SDPO, Theog. 8.3 Thereafter, the I.O., along with the police officials, proceeded towards the Rajinder Negi building, Kotkhai. The owner of the building, Rajinder Negi, and Ward Member, were teleologically requested to come near Punjab National Bank, Kotkhai. When, ASI, and the other police officials reached at PNB Bank, Kotkhai, then, Rajinder Negi and Mohit Nanda, Ward Member, met them and both were apprised about the secret information, which the I.O. had received. 8.4. At about 12.45 p.m., when, the I.O. reached at the rented accommodation of Suman Shahi, along with raiding party and independent witnesses, the room was found closed from inside. On knocking, the door was opened by one lady. Two other persons were also found present there. 8.5. On inquiry, the said lady has disclosed her name as Suman Shahi, wife of late Vishnu Shahi and the two other persons disclosed their names as Ranjan Sharma and Kamal Acharya. Thereafter, they were apprised about the secret information received by the I.O. before searching the said room. In the presence of independent witnesses, the I.O., as well as, raiding party had given their personal search. Thereafter, the search of the room of Suman Shahi was conducted. 8.6. During search, one almirah was found in the corner of the room, in which, a ball shaped substance wrapped with the plastic tape was found. When, the same was cut and opened, then, on the basis of the experience and on the revelation of Suman Shahi, the same was found to be Chitta/Heroin. 8.7. On weighing, the said contraband was found to be 30.640 grams. Other codal formalities were completed and the contraband was taken into possession. Thereafter, personal search of all the three was required, by the I.O. They were apprised about their legal right of being searched by the I.O. or by a Magistrate, upon which, they have opted to be searched before the Magistrate. 8.8. Other codal formalities were completed and the contraband was taken into possession. Thereafter, personal search of all the three was required, by the I.O. They were apprised about their legal right of being searched by the I.O. or by a Magistrate, upon which, they have opted to be searched before the Magistrate. 8.8. Thereafter, Tehsildar Kotkhai, Kalam Singh Chauhan, was requested to come to the spot, who has come to the spot at about 2.20 p.m., and in his presence, the personal search of all the three persons was conducted, but, nothing incriminating was found from their possession. Thereafter, all the three were arrested. 8.9. During investigation, accused Kamal Acharya has disclosed that he has purchased the contraband from a Nigerian at Delhi. Thereafter, he used to sell the same to Ranjan Sharma for being sold in the Kotkhai area. This business was continued from the year 2021. He has also given the mobile number of the said Nigerian. 8.10. Statement of accused Suman Shahi was also recorded, according to which, it was transpired that the amount, so received by selling the Chitta, was deposited in the account of Suman Shahi. As per the police, all the three are running an organized interstate Gang and doing the business of selling Chitta. 8.11. Thereafter, the statement of Bank account No.33696103328, in SBI Bank of Suman Shahi was obtained. After receiving the statement of account, it was found that there are transactions through UPI payment on behalf of Kamal Acharya, Pramod Khimta, Lokinder, Sachin, Kapil Sawant, Vikas Dutta, Simran Negi, Mehak Negi, Abhilash @ Abbu. Thereafter, correspondence was done with the Bank of the above suspected persons. 8.12. After receiving the same, in the account of Suman Shahi, transactions by Pramod Khimta, Lokinder, Sachin, and Vikas Dutta, (applicants) were also found. 8.13. Applicant Pramod Khimta, has deposited a sum of Rs.41,770/-, in the account of accused Suman Shahi bearing account No.33696103328 from 08.05.2024 to 13.09.2024. It has also been found that applicant Pramod Khimta also transferred a sum of Rs.2800/- in the account of accused Lokinder Kanwar, bearing account No.7539000100020948, from 31.05.2024 to 15.08.2024 and a sum of Rs.3530/- in the account of accused Kapil Sawant, on 13.09.2024. Thus, applicant Pramod Khimta has made a total transaction of Rs.48,100/-. 8.14. It has also been found that applicant Pramod Khimta also transferred a sum of Rs.2800/- in the account of accused Lokinder Kanwar, bearing account No.7539000100020948, from 31.05.2024 to 15.08.2024 and a sum of Rs.3530/- in the account of accused Kapil Sawant, on 13.09.2024. Thus, applicant Pramod Khimta has made a total transaction of Rs.48,100/-. 8.14. So far as applicant Lokinder Kanwar, is concerned, as per the status report, he has deposited a sum of Rs.22,800/- in the account of Suman Shahi from 29.03.2024 to 9.9.2024 and a sum of Rs.7,000/-, in the account of Kamal Acharya, on 15.08.2024. In addition to this, applicant Lokinder, has also transferred a sum of Rs.40,800/- in the bank account of Kapil Sawant. Thus, he has made a total transaction of Rs.70,600/-. 8.15. So far as applicant Sachin Chauhan, is concerned, as per the status report, he has deposited a sum of Rs.54,000/- in the account of Suman Shahi from 14.02.2024 to 24.03.2024 and a sum of Rs.4,80,000/-, in the account of Kamal Acharya, from on 01.07.2023 to 29.02.2024. In addition to this, applicant Sachin Chauhan, has also transferred a sum of Rs.38,000/- in the bank account of Kapil Sawant, from 26.12.2023 to 22.02.2024. It has also been found that in the account of applicant Sachin Chauhan, accused Mehak Negi has transferred a sum of Rs.91,500/- from 9.11.2023 to 7.2.2024 and accused Simran Negi, has transferred a sum of Rs.26500/-. Thus, he has made a total transaction of Rs.6,90,000/-. 8.16. So far as applicant Vikas Dutta, is concerned, as per the status report, he has deposited a sum of Rs.17,450/- in the account of Suman Shahi from 02.03.2024 to 22.07.2024 and a sum of Rs.6,250/-, in the account of Lokinder Kanwar, on 15.08.2024. In addition to this, applicant Vikas Dutta, has also transferred a sum of Rs.4,300/- in the bank account of Kapil Sawant, from 21.03.2024 to 10.06.2024. Thus, he has made a total transaction of Rs.28,000/-. 9. On the basis of the above facts, involvement of all the applicants was found. All were associated, in the investigation, on 21.10.2024 and were arrested. 10. On the basis of the above facts, it has been apprehended that in case, the applicants are released on bail, then, there are chances that they may again indulge in the same activities. Their act has also caused a lot of resentment in the area. 11. All were associated, in the investigation, on 21.10.2024 and were arrested. 10. On the basis of the above facts, it has been apprehended that in case, the applicants are released on bail, then, there are chances that they may again indulge in the same activities. Their act has also caused a lot of resentment in the area. 11. After completion of the investigation, charge- sheet is stated to have been submitted in the Court of learned Additional Sessions Judge, Rohru, which is now listed for evidence on 18.01.2025. 12. Except the present case, all the applicants are not involved, in any other criminal case. 13. 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, in the present case. 14. The investigation, in the present case, is complete and the applicants are in judicial custody. This fact demonstrates that their custodial interrogation is not required. 15. Moreover, the chances of conclusion of trial, against the applicants, in near future, are not so bright, as such, no useful purpose would be served by keeping them, in judicial custody, that too, for indefinite period. 16. Even otherwise, the bail applications 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 competent Court of law. Moreover, the presumption of innocence is still in favour of accused (applicants). 17. Moreover, on the ground of parity, the applicants are entitled to be released on bail, as, their co- accused Mehak Negi and Simran Negi, have already been released, on bail, by this Court, vide order dated09.12.2024. 18. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed. The applicants are ordered to be released on bail in case FIR No.47 of 2024, dated 13.09.2024, under Sections 21 and 29 of the NDPS Act, registered with Police Station, Kotkhai, District Shimla, H.P., on their furnishing personal bond in the sum of Rs.75,000/-, each, with one surety, each, in the like amount, to the satisfaction of learned Chief Judicial Magistrate/Judicial Magistrate First Class, Shimla, District Shimla, H.P. 19. This order of release, however, shall be subject to the following conditions :- “a) Applicants 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) Applicants shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicants 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) Applicants 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 applications. 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 applicants. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, District Jail, Kaithu/Model Central Jail, Kanda, 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/Model Central Jail, Kanda, District Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent Jail, District Jail, Kaithu/Model Central Jail, Kanda, 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.