JUDGMENT : Virender Singh, J. By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Anu has sought his release, on bail, during the pendency of the trial, in case FIR No.368 of 2024, dated 12.11.2024, registered under Sections 21, 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), Section 184 of the Motor Vehicles Act (hereinafter referred to as the ‘MV Act’) and Section 25-54- 59 of the Arms Act, with Police Station Una, District Una, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated and wrongly arrested in the above-noted case. According to him, he has nothing to do with the offences, for which, he has been arrested by the police. Investigation of the case is also stated to be completed. 3. As per applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Una, District Una, Himachal Pradesh. However, the same was dismissed vide order dated 10.12.2024. 4. Apart from this, Mr. Mohit Jaitak, 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. 5. On the basis of the above facts, a prayer has been made to allow the bail application. 6. When, put to notice, the police has filed the status report, disclosing therein, that on 11.11.2024, HC Kamal Dev, along with other police officials, had left the Police Station for night patrolling duty. They had led a picketing near the railway crossing at Kotla Kalan for checking the drunken driving. 7. It is the case of the police that at about 09:40 pm, IO noticed one car, being driven by its driver, coming from Bangana to Una side, upon which, signal to stop was given and on seeing the police party there, at the spot, driver of the said vehicle, all of a sudden, reversed his vehicle and tried to flee away from the spot. However, due to heavy traffic, he could not do so. As such, the said vehicle was intercepted by the police. Registration number of the car was found to be PB10-FC-9634, make i20. 8. However, due to heavy traffic, he could not do so. As such, the said vehicle was intercepted by the police. Registration number of the car was found to be PB10-FC-9634, make i20. 8. Subsequently, another vehicle No.HP20-H-5726, make Swift, also reached at the spot. Name of the driver and other occupant of the said vehicle was enquired, who had disclosed their name as Deep Singh and Varun Bhardwaj. Both of them were associated in the investigation of the case and thereafter, name of driver of car bearing registration No.PB10-FC-9634 was enquired, who disclosed his name as Anu S/o Balvir (applicant) and the person, sitting next to him, disclosed his name as Gurpreet Singh. 9. Thereafter, the said car was searched and during search, an iron khanda (a religious symbol of Sikh) was found, length of which was found to be 36 inches and length of edge of the same was found to be 29 inches. Apart from this, from the dashboard of the vehicle, chitta, weighing 32 gms, was also recovered. Other codal formalities were completed. 10. Thereafter, the FIR in question has been registered. Both the accused persons were arrested. 11. The contraband, so recovered, was sent to SFSL, Junga, for chemical analysis, from where, positive report was received. 12. It is the further case of the police that when, the verification was done, it was found that against applicant- Anu, vide FIR No.63/2022, a case, under Sections 323, 324, 325, 326 of IPC, has been registered with Police Station Begowal, District Kapurthala, Punjab. 13. According to the status report, investigation in the present case is complete, as, the police has submitted the charge-sheet in the Court of learned Sessions Judge, Una, District Una, H.P. and the case is now stated to be fixed for 20.03.2025 for checking the copy of challan. 14. On the basis of the above facts, a prayer has been made to dismiss the application. 15. Heard. 16. In this case, admittedly, the contraband, allegedly stated to have been recovered, does not fall, within the definition of ‘commercial quantity’. As such, the rigors of Section 37 of the NDPS Act are not applicable, in this case. 17. 14. On the basis of the above facts, a prayer has been made to dismiss the application. 15. Heard. 16. In this case, admittedly, the contraband, allegedly stated to have been recovered, does not fall, within the definition of ‘commercial quantity’. As such, the rigors of Section 37 of the NDPS Act are not applicable, in this case. 17. Once, it has been held that the rigors of Section 37 of the NDPS Act are not applicable, in that eventuality, the presumption of innocence is still available to the applicant, as the bail application cannot be rejected merely as a matter of punishment, since, pre-trial punishment is prohibited under the law. 18. The applicant is a young man of about 31 years and in case, he is ordered to be kept in the judicial custody, then, certainly, it will affect upon his future. 19. Even otherwise, the sole case, which, according to the police, is stated to have been registered against the applicant, is too short to take away the presumption of innocence from him. 20. Moreover, investigation, in the present case, is complete. In such situation, this Court is of the view that the chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. 21. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 22. Consequently, the applicant is ordered to be released, on bail, in case FIR No.368 of 2024, dated 12.11.2024, registered under Sections 21, 29-61-85 of the NDPS Act, Section 184 of the MV Act and Section 25-54-59 of the Arms Act, with Police Station Una, District Una, H.P., on his furnishing personal bonds in the sum of Rs.1,00,000/-, with one surety of the like amount, to the satisfaction of the learned trial Court. 23. 23. This order, however, shall be subject to the following conditions:- a) The 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 the appropriate application; b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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 Officer, and d) The applicant shall not leave the territory of India without the prior permission of the Court. 24. Any of the observations, made hereinabove, 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. 25. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 26. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Bangarh, Una, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 27. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Bangarh, Una, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Una. The Superintendent of Jail, District Jail, Bangarh, Una, Himachal Pradesh, 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.