JUDGMENT : Rakesh Kainthla, J. The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 24 of 2022, dated 3.9.2022, for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short‘NDPS Act’) registered at Police Station Mehatpur, District Una, H.P. Later on, the custody of the petitioner was transferred to Roopnagar, Punjab and he is lodged in District Jail at Roopnagar, Punjab. As per the prosecution, the police intercepted a vehicle bearing registration No. PB-74B-3399 and found 7.53 grams of heroin in it. The petitioner was sitting with the driver in the vehicle. 37 FIRS have been registered against the petitioner, out of which, he was convicted in some, acquitted in some, and some are pending. The quantity of heroin stated to have been in the possession of the petitioner is an intermediate quantity. The police have filed the charge sheet, and the custodial interrogation of the petitioner is not required. The petitioner is a permanent resident of District Roopnagar, Punjab, and he has roots in the society. No fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by all the terms and conditions which the Court may impose.Hence, the petition. 2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 2.9.2022. They intercepted a vehicle bearing registration No. PB-74B-3399. The driver tried to reverse the vehicle after seeing the police. The police stopped the car. The driver got frightened. The person sitting on the left side suddenly threw a small transparent plastic pouch out of the car. The police checked the packet in the presence of independent persons and found 7.53 grams of heroin in it. The person sitting on the left side identified himself as Kundan Lal (petitioner). The driver identified himself as Ridhamjot Singh and the person sitting on the rear seat identified themselves as Shivam and Sunil Kumar. The police arrested the occupants of the vehicle and seized the heroin. The heroin was sent to SFSL for chemical analysis and was found to contain Diacetylmorphine (heroin). 34 cases were registered against the petitioner. The petitioner was involved in drug cases earlier.
The police arrested the occupants of the vehicle and seized the heroin. The heroin was sent to SFSL for chemical analysis and was found to contain Diacetylmorphine (heroin). 34 cases were registered against the petitioner. The petitioner was involved in drug cases earlier. He would indulge in the commission of similar offences, and intimidate the witnesses in case he is released on bail. Hence, it was prayed that the present petition be dismissed. 3. I have heard Ms Kavita Kajal, learned counsel for the petitioner and Mr Lokender Kutlehria, learned Additional Advocate General for the respondent-State. 4. Ms Kavita Kajal, learned counsel of the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The quantity of narcotics stated to have been found in the possession of the petitioner is intermediate. The rigours of Section 37 of the NDPS Act do not apply to the present case. Therefore, she prayed that the present petition be allowed. She relied upon the judgments of Dilpreet Singh @ Golu Vs State of Punjab 2024:PHHC:123478, Parvej Khan Vs The State Govt. of NCT Bail Application No.2863 of 2023 decided on 7.6.2024 and Avtar Singh Vs State of Himachal Pradesh 2024:HHC:3769 in support of her submission. 5. Mr Lokender Kutlehria, learned Additional Advocate General, submitted that the petitioner was involved in the commission of similar offences earlier. He was convicted by the competent Court of law in some of the offences. This shows that the petitioner is a habitual offender. He would indulge in the commission of a similar offence in case of his release on bail.Therefore, he prayed that the present petition be dismissed. 6. The parameters for granting bail were considered by the Hon’ble Supreme Court in Ajwar v. Waseem (2024) 10 SCC 768 : 2024 SCC OnLine SC 974, wherein it was observed as under page 783: - “Relevant parameters for granting bail 26.
6. The parameters for granting bail were considered by the Hon’ble Supreme Court in Ajwar v. Waseem (2024) 10 SCC 768 : 2024 SCC OnLine SC 974, wherein it was observed as under page 783: - “Relevant parameters for granting bail 26. While considering as to whether bail ought to be granted in a matter involving a serious criminal offence, the Court must consider relevant factors like the nature of the accusations made against the accused, the manner in which the crime is alleged to have been committed, the gravity of the offence, the role attributed to the accused, the criminal antecedents of the accused, the probability of tampering of the witnesses and repeating the offence, if the accused are released on bail, the likelihood of the accused being unavailable in the event bail is granted, the possibility of obstructing the proceedings and evading the courts of justice and the overall desirability of releasing the accused on bail. [Refer: Chaman Lal v. State of U.P. [ Chaman Lal v. State of U.P ., ( 2004) 7 SCC 525: 2004 SCC (Cri) 1974]; Kalyan Chandra Sarkar v. Rajesh Ranjan [Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC 528: 2004 SCC (Cri) 1977]; Masroor v. State of U.P. [Masroor v. State of U.P., (2009) 14 SCC 286 : (2010) 1 SCC (Cri) 1368]; Prasanta Kumar Sarkar v. Ashis Chatterjee [Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496 : (2011) 3 SCC (Cri) 765]; Neeru Yadav v. State of U.P. [Neeru Yadav v. State of U.P., (2014) 16 SCC 508 : (2015) 3 SCC (Cri) 527]; Anil Kumar Yadav v. State (NCT of Delhi)[Anil Kumar Yadav v. State (NCT of Delhi), (2018) 12 SCC 129 : (2018) 3 SCC (Cri) 425]; Mahipal v. Rajesh Kumar [Mahipal v. Rajesh Kumar, (2020) 2 SCC 118 : (2020) 1 SCC (Cri) 558] . 7. This position was reiterated in Ramratan v. State of M.P., 2024 SCC OnLine SC 3068, wherein it was observed as under:- “12. The fundamental purpose of bail is to ensure the accused's presence during the investigation and trial. Any conditions imposed must be reasonable and directly related to this objective.
7. This position was reiterated in Ramratan v. State of M.P., 2024 SCC OnLine SC 3068, wherein it was observed as under:- “12. The fundamental purpose of bail is to ensure the accused's presence during the investigation and trial. Any conditions imposed must be reasonable and directly related to this objective. This Court in Parvez Noordin Lokhandwalla v. State of Maharastra (2020) 10 SCC 77 observed that though the competent court is empowered to exercise its discretion to impose “any condition” for the grant of bail under Sections 437(3) and 439(1)(a) CrPC, the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice.The relevant observations are extracted herein below: “14. The language of Section 437(3) CrPC, which uses the expression “any condition … otherwise in the interest of justice” has been construed in several decisions of this Court. Though the competent court is empowered to exercise its discretion to impose “any condition” for the grant of bail under Sections 437(3) and 439(1)(a) CrPC, the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice. Several decisions of this Court have dwelt on the nature of the conditions which can legitimately be imposed both in the context of bail and anticipatory bail.” (Emphasis supplied) 13. In Sumit Mehta v. State (NCT of Delhi) (2013) 15 SCC 570 , this Court discussed the scope of the discretion of the Court to impose “any condition” on the grant of bail and observed in the following terms:— “15. The words “any condition” used in the provision should not be regarded as conferring absolute power on a court of law to impose any condition that it chooses to impose. Any condition has to be interpreted as a reasonable condition acceptable in the facts permissible in the circumstance, and effective in the pragmatic sense, and should not defeat the order of grant of bail.
Any condition has to be interpreted as a reasonable condition acceptable in the facts permissible in the circumstance, and effective in the pragmatic sense, and should not defeat the order of grant of bail. We are of the view that the present facts and circumstances of the case do not warrant such an extreme condition to be imposed.” (Emphasis supplied) 14. This Court, in Dilip Singh v. State of Madhya Pradesh (2021) 2 SCC 779 , laid down the factors to be taken into consideration while deciding the bail application and observed: “ 4. It is well settled by a plethora of decisions of this Court that criminal proceedings are not for the realisation of disputed dues. It is open to a court to grant or refuse the prayer for anticipatory bail, depending on the facts and circumstances of the particular case. The factors to be taken into consideration while considering an application for bail are the nature of the accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; the reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; character, behaviour and standing of the accused; and the circumstances which are peculiar or the accused and larger interest of the public or the State and similar other considerations. A criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without any trial.” (Emphasis supplied) 8. This position was reiterated in Shabeen Ahmed versus State of U.P., 2025 SCC Online SC 479. 9. The present petition has to be decided as per the parameters laid down by the Hon’ble Supreme Court. 10. Perusal of the status report shows that the police intercepted the vehicle and the petitioner threw a packet after seeing the police. The police checked the packet and found 7.53 grams of heroin in it. Therefore, prima facie, there is sufficient material on record to connect the petitioner with the commission of a crime punishable under Section 21(b) of the NDPS Act. 11. The petition mentions that 37 FIRs were registered against the petitioner.
The police checked the packet and found 7.53 grams of heroin in it. Therefore, prima facie, there is sufficient material on record to connect the petitioner with the commission of a crime punishable under Section 21(b) of the NDPS Act. 11. The petition mentions that 37 FIRs were registered against the petitioner. The police have filed a detailed report showing that the petitioner was convicted in FIR Nos. 4, 46, 40, 26, 67, 144, 86, 75, 73, 72 and 66 out of which FIR Nos. 67, 98 and 144, were registered under Section 22 of the NDPS Act. This shows that the petitioner has criminal antecedents. This Court exhaustively dealt with the relevance of criminal antecedents in Aminodin vs State of H.P. 2024:HHC:6091 and held, after referring to various judgments, that a Judge must consider the criminal antecedents of the accused, the nature of such offences and his general conduct while considering the bail petition. The bail should not be generally granted to an accused having criminal antecedents when there is a likelihood of the commission of the crime. 12. It was held in V. Senthil Balaji v. Enforcement Directorate, 2024 SCC OnLine SC 2626, that where the petitioner can become a threat to society because of his criminal antecedents, he should not be released on bail. It was observed: “27…..An exception will also be in a case where, considering the antecedents of the accused, there is every possibility of the accused becoming a real threat to society if enlarged on bail. The jurisdiction to issue prerogative writs is always discretionary.” 13. Similarly, it was held in Union of India v. Barakathullah, 2024 SCC OnLine SC 1019, that where the persons were involved in the commission of an offence, similar offences, they should not be released on bail. It was observed: - “20. … So far as the respondents in the instant appeals are concerned, they are in custody for hardly one and a half years, apart from the fact that all the respondents are shown to have been involved in previous cases. There are about 8 to 9 previous cases shown in the chargesheet against the respondents, except accused Nos. 1, 4 and 6, who are shown to have been involved in two cases.
There are about 8 to 9 previous cases shown in the chargesheet against the respondents, except accused Nos. 1, 4 and 6, who are shown to have been involved in two cases. Considering the nature and gravity of the alleged offences and considering their criminal antecedents, in our opinion High Court should not have taken a lenient view, more particularly when there was sufficient material to show their prima facie involvement in the alleged offences under the UAPA. 14. Thus, the criminal antecedent assumes significance while considering the bail of the accused. 15. In Avtar Singh’s case (supra) and Parvej Khan’s case (supra), the cases were pending against the petitioner, and he was not convicted. Therefore, these judgments will not assist the petitioner because in the present case, the cases are not only pending, but the petitioner has been convicted under the NDPS Act. In Dilpreet Singh’s case (supra), the petitioner was released on bail because of a delay in the progress of the trial, which is not a circumstance in the present case. Thus, none of the cited judgments applies to the present case. 16. It was submitted that the police had only recovered an intermediate quantity of the heroin, the rigours of Section 37 of the NPDS Act do not apply to the present case, and the petitioner is entitled to bail as a matter of right. This submission cannot be accepted. It was laid down by this Court in Dilbar Khan v. State of H.P., 2022 SCC OnLine HP 2441, that a person found in possession of an intermediate quantity of drugs is not entitled to bail as a matter of right. It was observed: - “9. No doubt the quantity of contraband in the case is intermediate and therefore the rigours of Section 37 of the NDPS Act will not be applicable. Merely because the quantity of contraband recovered is less than the commercial quantity may not, by itself, be sufficient to grant bail. 10. The menace of drug abuse is not unknown in society in modern times. The victims are innocent adolescents, among others. Drug abuse more often than not leads to drug addiction, which ruins the lives of a substantial number of such persons. The question arises as to how young adolescents, who by and large remain in the custody of their guardians, are able to procure the prohibited drug.
The victims are innocent adolescents, among others. Drug abuse more often than not leads to drug addiction, which ruins the lives of a substantial number of such persons. The question arises as to how young adolescents, who by and large remain in the custody of their guardians, are able to procure the prohibited drug. Definitely, the drug is made available through a supply chain managed in an organized manner.” 17. It was laid down by this Court in Khushi Ram Gupta v. State of H.P., 2022 SCC OnLine HP 3779, that the menace of drug addiction has seriously eroded into the fabric of society, and the release of an accused on bail in NDPS Act cases will send a negative signal to society. It was observed: “8. The menace of drug addiction, especially in adolescents and students, has seriously eroded into the fabric of society, putting the future generation as well as the prospects of future nation-building into serious peril. 9. It is not a case where the investigating agency is clueless in respect of evidence against the petitioner. Though allegations against the petitioner are yet to be proved in accordance with law, it cannot be taken singly as a factor to grant bail to the petitioner. Nothing has been placed on record on behalf of the petitioner to divulge as to how and in what manner he came in contact with the persons who were residents of the State of Himachal Pradesh. Thus, there is sufficient prima facie material to infer the implication of the petitioner in the crime. In such circumstances, the release of the petitioner on bail will send a negative signal in society, which will definitely shall be detrimental to its interest. 10. The prima facie involvement of the petitioner in the dangerous trade of contraband cannot be ignored merely on account of the fact that he has no past criminal history. It cannot be guaranteed that there will be re-indulgence by the petitioner in similar activities, in case he is released on bail.” 18. In view of the above, the present petition fails and the same is dismissed. 19. The observation made herein before shall remain confined to the disposal of the petition and will have no bearing whatsoever on the merits of the case.