JUDGMENT : Virender Singh, J. 1. Applicant-Nihal Manchanda, 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 trial, in Case FIR No.186 of 2024, dated 21.11.2024, registered, under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), with Police Station Nagrota Bagwan, District Kangra, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case. 3. The applicant has termed the case of the police as false, concocted and frivolous. According to him, nothing has been recovered from his possession. Presently, the applicant is stated to be in judicial custody from 21.11.2024. 4. It is the further case of the applicant that investigation in the present case is complete. 5. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings, to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail. 6. The applicant has tried his luck by moving similar application before the Court of learned Special Judge-II, Kangra at Dharamshala, which was dismissed on12.03.2025. 7. On the basis of the above facts, a prayer has been made to allow the application. 8. When put to notice, the police has filed the status report disclosing therein, on 21.11.2024, ASI Ashish Goswami, along with other police official, had left the Police Station, Nagrota Bagwan, for patrolling duty and duty to detect the crime relating to excise and Narcotics. 8.1. At about 9:55 am, when, the police party was present at Nagrota Bus Stand then, the I.O. received a secret information regarding the fact that on National Highway No.154, near Government Degree College Nagrota Bagwan, a white coloured Car bearing No. HR24AC-4070, had been parked, in which two boys were sitting and selling Chitta to the college students. 8.2. According to the informer, in case, the said vehicle, as well as, the boys, who were in the vehicle were searched, then large quantity of Chitta could be recovered. 8.3. The said information was found to be authentic and reliable. 8.2. According to the informer, in case, the said vehicle, as well as, the boys, who were in the vehicle were searched, then large quantity of Chitta could be recovered. 8.3. 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. complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to SDPO, Kangra through Constable Chander Shaker No.816. 8.4. Thereafter, the I.O. had proceeded towards the spot. On the way, the I.O. had associated Ajay Walia and Suresh Chand, as independent witnesses, after apprising them about the secret information. Thereafter, they reached at the spot, where, vehicle No.HR24AC 4070 was found parked on the side of the road, in which, two persons were there. 8.5. Thereafter, their antecedents were inquired. On inquiry, the person, who was on the wheel, disclosed his name as Nihal Manchanda (applicant) and the person sitting on the front seat had disclosed his name as Akhil Rana. They were also apprised about the secret information, which the I.O. had received. 8.6. Thereafter, option, as per Section 50 was given to them, upon which, both of them had opted to give their search to the gazetted officer. Thereafter, SDPO, Kangra was requested to come to the spot, upon which, SDPO, Kangra reached. Thereafter, they were searched and from their personal search, nothing incriminating was found. 8.7. Thereafter, the vehicle was searched and during the search of the vehicle, 40.56 grams of Chitta was recovered. 9. After completion of other codal formalities, the FIR in question was registered and the accused persons were arrested. Thereafter, the case property was produced before the ASI/SHO Surender Kumar. 10. Thereafter, the details regarding the movable and immovable property, as well as, Bank details were obtained under the provisions of Section 68 of the NDPS Act, but, nothing incriminating was found. 11. The contraband, so recovered, was sent to SFSL Junga, from where, positive report has been received. 12. After completion of the investigation, on 20.01.2025, the charge sheet has been submitted in the Court of learned Special Judge-I, Dharamshala and the case is now listed for 28.04.2025, for checking of file. 13. 11. The contraband, so recovered, was sent to SFSL Junga, from where, positive report has been received. 12. After completion of the investigation, on 20.01.2025, the charge sheet has been submitted in the Court of learned Special Judge-I, Dharamshala and the case is now listed for 28.04.2025, for checking of file. 13. On the basis of the above facts, it has been apprehended that the applicant is resident of the adjoining State and in case, he is released on bail, he may allure the witnesses to depose in his favour and may also not be available for trial. 14. On the basis of the above facts, a prayer has been made to dismiss the application. 15. Heard. 16. Admittedly, the contraband, recovered in this 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. 17. Once, it has been held that rigors of Section 37 of the NDPS Act are not applicable, in this case, then, the presumption of innocence is still available to the applicant, as, the bail application cannot be rejected as a matter of punishment. Pre-trial punishment is prohibited under the law. 18. The applicant has given his age as 24 years in the bail application and this fact has also not been controverted by the Police in the status report. As such, at the young age of 24 years, if the applicant is ordered to be kept in the judicial custody, that too, in the company of hardened criminals, it would certainly affect his future adversely. 19. The 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 the indefinite period. 20. In view of the fact that the investigation, in the present case, is complete and challan has been filed in the Court, this Court is of the view that no useful purpose would be served by keeping the applicant in the judicial custody, that too, for indefinite period. 21. Moreover, the trial of the case will take sufficient long time, as such, no useful purpose would be served by rejecting the application, which would amount to convict the applicant, prior to trial. Pre-trial punishment is prohibited under the law. 21. Moreover, the trial of the case will take sufficient long time, as such, no useful purpose would be served by rejecting the application, which would amount to convict the applicant, prior to trial. Pre-trial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial. 22. So far as the apprehensions, which have been expressed by the police, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed, in case, the applicant is ordered to be released on bail. 23. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.186 of 2024, dated 21.11.2024, registered, under Sections 21, 25 and 29 of the NDPS Act, with Police Station Nagrota Bagwan, District Kangra, 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. 24. 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 Officer; and d) Applicant shall not leave the territory of India without the prior permission of the Court.” 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. 26. 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. 27. 26. 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. 27. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, District Kangra through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 28. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, District Kangra, is directed to inform this fact to the Secretary, DLSA, Kangra at Dharamshala. The Superintendent of Jail, Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, District Kangra, 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.