JUDGMENT : Virender Singh, J. Applicant-Joginder Singh @ Rinku, 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 trial, in case FIR No.117 of 2024, dated 02.08.2024, registered under Sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Rohru, District Shimla, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, at the instance of Police, for allegedly possessing 15.15 grams of Chitta/Heroin. 3. As per the applicant, investigation in the present case is complete, as, the applicant is in judicial custody, for the last seven months. According to him, there is delay in the trial. 4. Applicant has also tried his luck, by moving similar application, before the Court of learned Special Judge, Rohru, District Shimla, H.P., however, the said application has been dismissed, vide order, dated 27 th September, 2024. 5. 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. 6. On the basis of the above facts, a prayer has been made to allow the application. 7. When put to notice, the police has filed the status report disclosing therein, that on 02.08.2024, ASI Ashok Kumar, I.O., Police Station, Rohru submitted a rukka to the Police Station, disclosing therein that he, along with other police officials, was on traffic checking duty and duty to maintain law and order, as well as, to detect the crime, relating to excise and narcotic. 7.1. At about 12.45. p.m., when, the police party was present near Mehandali, then, the I.O. received a secret information regarding indulgence of Joginder Singh @ Rinku (applicant) and Anup Kumar, in the business of Chitta/Heroin. According to the informant, they are coming from Khara Pathar in a vehicle (Alto 800), bearing registration No.HP06B-1034 and moving towards Rohru. According to the information, they are carrying Chitta/ Heroin with them and in case, the said vehicle is searched, then, large quantity of Chitta could be recovered. 7.2. The said information was found to be authentic and reliable. According to the informant, they are coming from Khara Pathar in a vehicle (Alto 800), bearing registration No.HP06B-1034 and moving towards Rohru. According to the information, they are carrying Chitta/ Heroin with them and in case, the said vehicle is searched, then, large quantity of Chitta could be recovered. 7.2. The said information was found to be authentic and reliable. As per the I.O., due to paucity of time, in case, he would have obtained search warrants, in that situation, the possibility of removal of the contraband was there. As such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act and submitted the requisite information to SDPO Rohru, through HC Sawan. 7.3. Thereafter, the I.O., along with other police official, had proceeded towards Patsari. They had associated Kshitij Tegta and Sonu Brakta, as independent witnesses, after apprising them about the secret information. 7.4. At about 1.50 p.m., vehicle No.HP06B-1034, being driven by its driver, came there, which was signalled to stop. Two persons were found sitting in the said car. On inquiry, the person, who was on the wheel, disclosed his name as Joginder Singh @ Rinku (applicant)/accused and the person, sitting on the front seat, disclosed his name as Anup Kumar (accused). 7.5. According to the I.O., both the persons sitting in the vehicle were found perplexed. Thereafter, in the presence of the independent witnesses, their vehicle was searched. During search of the vehicle, Chitta/Heroin, weighing 15.15 grams, was found. 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. 11. After completion of the codal formalities, the contraband, so recovered, was sent to SFSL Junga. After receiving positive report, the police filed the charge sheet against the accused, which is now stated to be pending before the Court of learned Special Judge, Rohru and fixed for PWs. 12. It has been mentioned in the status report that out of 22 witnesses, statement of 2 prosecution witnesses have been recorded and the case is now fixed for 28.03.2025, for remaining PWs. 13. As per the status report, the following cases are found to have been registered against the applicant:- 1. FIR No.72/2006 dated 27.03.2006, under Section 379, 34 IPC and Section 41 & 42 of the Indian Forest Act, registered with Police Station Rohru, District Shimla; 2. 13. As per the status report, the following cases are found to have been registered against the applicant:- 1. FIR No.72/2006 dated 27.03.2006, under Section 379, 34 IPC and Section 41 & 42 of the Indian Forest Act, registered with Police Station Rohru, District Shimla; 2. FIR No.20 of 2012, dated 01.03.2012, under Section 20 NDPS Act, registered with Police Station Rohru, District Shimla; 3. FIR No.96/2012 dated 06.09.2012, under Section 323, 325 IPC, registered with Police Station Rohru, District Shimla; and 4. FIR No.85/2022 dated 30.05.2022, under Sections 22, 25 & 29 of the NDPS Act, registered with Police Station Rohru, District Shimla. 14. Out of the above cases, in two cases, i.e. FIR Nos.20/12 and 96/12, the applicant has been acquitted; in case FIR No. 72 of 2006, the offences have been compounded; and in case FIR No.85/22, trial is pending adjudication. 15. The prayer for bail has been opposed on the ground that the applicant is in the habit of selling chitta and also consuming the same. He is a very clever person and as per the secret information, according to the status report, the applicant was selling Chitta to the students of School and College and in case, he is released on bail, he may again indulge in the same activities. 16. In the application, the applicant has not mentioned the material facts, with regard to registration of the cases, details of which have been mentioned in the status report and reproduced in the preceding paragraphs. 17. When, a person is approaching the Court, it is expected from him to disclose each and every material fact, which might play an important role in deciding the fate of the bail application, by the Court. 18. A futile attempt of the applicant to conceal the material fact, dis-entitles him from the relief, as sought in the application. Previous criminal history of the applicant, is one of the relevant factors, while deciding the bail application. 19. Out of the cases, which have been registered against the applicant, two cases were registered under the provisions of NDPS Act. 20. Considering the fact that young generation is being ruined by those who are supplying the drugs, such as Chitta/Heroin, the apprehensions, which have been expressed, by the Police in the status report, cannot be said to be unfounded, at this stage. 21. 20. Considering the fact that young generation is being ruined by those who are supplying the drugs, such as Chitta/Heroin, the apprehensions, which have been expressed, by the Police in the status report, cannot be said to be unfounded, at this stage. 21. Moreover, the trial against the applicant has been commenced and out of 22 witnesses, 2 have been examined. The case is now stated to be fixed for PWs on 28.03.2025. 22. Merely, on the basis of the fact that the contraband, involved in the present case, falls within the definition of non-commercial quantity and the rigors of Section 37 of the NDPS Act are not applicable, no benefit can be given to the applicant, who has concealed the material facts from the scrutiny of this Court. 23. 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 other cases, against him, with Police Station Rohru. 24. Considering all these facts, the applicant has failed to make out at case for releasing him on bail, at this stage. Consequently, the bail application is dismissed. 25. 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.