JUDGMENT : Virender Singh, J. Applicant Saurabh @ Charu has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 34 of 2025, dated 24.1.2025, registered under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Baddi, District Solan, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. The applicant has tried his luck by moving bail application No. 51-NL/22 of 2025, before the Court of learned Special Judge, Nalagarh, District Solan, H.P., however, the same was dismissed on 25.2.2025. 4. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail. 5. On these submissions, a prayer has been made to allow the bail application. 7. When put to notice, the police has filed the status report, disclosing therein, that on 24.1.2025, ASI Ranjeet Singh, I/C Special Cell-X Baddi telephonically informed the Police that a place known as ‘Vardhman’ near Shiv Mandir, he has nabbed a person with chitta. As such, he requested to send the second I.O., upon which, ASI Rajesh Kumar, alongwith other police officials, reached at the spot. 7.1 Thereafter, ASI Ranjeet Singh in the ruqua got mentioned that he alongwith other police officials had left the Police Station for patrolling duty, at about 2:25 p.m., he received secret information, regarding indulgence of Saurabh Kumar and Naveen Kumar, in the business of Chitta. According to the information, the aforesaid persons were travelling on motorcycle, bearing No. HP 12M-1645, and in case, they are nabbed, chitta can be recovered from them. 7.2 As per the I.O., in case of delay, contraband could be removed from there, as such, he has complied with the provisions of Section 42(2) of the NDPS Act. 7.3 As per the status report, independent witnesses were associated in the raiding party, and they were apprised about the secret information, which, the I.O. had received. 7.2 As per the I.O., in case of delay, contraband could be removed from there, as such, he has complied with the provisions of Section 42(2) of the NDPS Act. 7.3 As per the status report, independent witnesses were associated in the raiding party, and they were apprised about the secret information, which, the I.O. had received. 7.4 Thereafter, these two persons, who were standing near motorcycle No. HP12M-1645, were nabbed. The I.O., as well as, other police officials had given their personal identification and also apprised them about the secret information. 7.5 On inquiry, one person disclosed his name as Saurabh Kumar (applicant) and the other person disclosed his name as Naveen Kumar. The motorcycle was searched. During search of the motorcycle, currency notes of Rs. 44270/-, in the shape of 29 currency notes in the denomination of Rs. 500/-, 30 currency notes in the denomination of Rs. 200, 177 currency notes in the denomination of Rs. 100/-, 60 currency notes in the denomination of Rs. 50/-, 81 currency notes in the denomination of Rs. 20/ and 145 currency notes in the denomination of Rs. 10/- were found. Apart from the aforesaid currency notes, 13.670 grams chitta was also recovered from the motorcycle. 7.6 After completing the codal formalities, FIR was registered and both the accused persons were arrested. Contraband, alongwith currency notes was taken into possession. 7.7 After completion of investigation, Police has filed charge-sheet, on 22.3.2025, in the Court of learned Additional Sessions Judge, (POCSO), Solan. 7.8 Apart from the present case, no other case is found to have been registered against the applicant. 7.9 Lastly, it has been apprehended that in case, the applicant is ordered to be released on bail, he may again indulge in same activities. 7.10 On the basis of above facts, a prayer has been made to dismiss the bail application. 8. 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 to the facts of the present case. 9. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has been filed, in the competent Court of law. Meaning thereby, the applicant is no longer required for interrogation by the Police. 10. 9. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has been filed, in the competent Court of law. Meaning thereby, the applicant is no longer required for interrogation by the Police. 10. Chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 11. Except the present case, no other case is stated to have been registered against the applicant, as such, presumption of innocence is still available to the applicant. 12. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial. 13. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 14. Consequently, the applicant is ordered to be released on bail in case FIR No. 34 of 2025, dated 24.1.2025, registered under Sections 21, 25 and 29 of the NDPS Act, with Police Station, Baddi, District Solan, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 15. This order, 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 the 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 Officer, and d) Applicant shall not leave the territory of India without the prior permission of the Court. 16. 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. 17. 16. 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. 17. 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 applicant. 18. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Sub-Jail, Nalagarh, H.P., through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 19. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Sub-Jail, Nalagarh, H.P. is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of the Sub-Jail, Nalagarh, H.P. 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.