JUDGMENT : Virender Singh, J. 1. By way of the present application, filed, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), a prayer has been made by applicant-Prem Pal to release him, on interim bail, in Case FIR No. 13 of 2023, dated 9 th February, 2023, registered under Section 20-61-85 of theNarcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS Act’) with Police Station Majra, District Sirmaur, H.P. 2. According to the applicant, he is in judicial custody since 9 th February, 2023 and is presently lodged in Model Central Jail, Nahan. 3. It is the case of the applicant that he has no connection with the commission of the alleged offence and has falsely been roped into the controversy. 4. As per the applicant, he is a law abiding citizen and is permanent resident of the address, as mentioned in the bail application. 5. According to the applicant, he will face evil consequences, in the event of refusal of the grant of bail to him. 6. The relief of interim bail has been sought, by the applicant, on the ground, that his mother and wife are suffering from serious medical ailments. According to the applicant, his presence is of utmost importance to maintain and support his family, in need, as, there is no one, except the applicant, at home, to look after them. 7. Apart from this, the applicant has given certain undertakings, for which, he is ready to abide by, in case, he is ordered to be released on interim bail. 8. Earlier, the applicant had filed three bail applications, which have been dismissed as withdrawn, vide orders, dated 27 th February, 2024; 23 rd September, 2024 and 16 th December, 2024. 9. On the basis of above facts, a prayer has been made to allow the present bail application. 10. When put to notice, the status report, on behalf of the respondent-State, has been filed, mentioning therein that the applicant has been arrested, in a case, registered under Section 20-61-85 of the NDPS Act. 11. As per the status report, Constable Jasvinder Singh, SIU Nahan, submitted a rukka, to the Police Station, mentioning therein, that on 9 th February, 2023, ASI Mahipal, alongwith the police party, was on patrolling duty.
11. As per the status report, Constable Jasvinder Singh, SIU Nahan, submitted a rukka, to the Police Station, mentioning therein, that on 9 th February, 2023, ASI Mahipal, alongwith the police party, was on patrolling duty. At about 9.30 a.m., when ASI Mahipal was present at Dhaula Kuan, then, he received a secret information that a person, namely Prem Pal (applicant), resident of Dodra Kwar, is coming in Maruti Car, bearing registration No. HP 77 3555, from Baayla side and is involved in the business of sale of charas. As per the said secret information, in case, his vehicle is searched, then, charas in huge quantity could be recovered. On finding the said information to be authentic and reliable, the provisions of Section 42(2) of NDPS Act were complied with, by submitting report to SDPO. 11.1. At about 01.15 p.m., Maruti Car, bearing registration No. HP 77 3555, was found coming from Bayla side, which was stopped and only one person was found sitting in the said vehicle. ASI Mahipal disclosed the identity of the entire team to the said person and disclosed to him about the secret information. In the meantime, a car was found coming from Baayla side, which was signalled to stop. In the said vehicle, two persons, namely, OP Thakur and Suresh Dutt, were found travelling, who were associated in the investigation of the case, as independent witnesses. 11.2. Thereafter, driver of vehicle No. HP 77 3555 was asked about his identity, who disclosed his name as Prem Pal (applicant). He was apprised about the secret information, having been received by the police. Subsequently, his vehicle was searched. During search, black coloured stick shaped substance was found inside two polythene packets, kept inside a bag, in the dickey of the car, which, on the basis of experience, was found to be charas. 11.3. On weighment, on electronic weighing machine, the said charas was found to be 9.824 kg. The contraband, so recovered, was taken into possession. Other codal formalities were completed. After completion of the codal formalities, the FIR was registered and the applicant was arrested. 11.4. The contraband, so recovered, was sent to FSL Junga, for chemical analysis, from where, positive report has been received. 11.5.
The contraband, so recovered, was taken into possession. Other codal formalities were completed. After completion of the codal formalities, the FIR was registered and the applicant was arrested. 11.4. The contraband, so recovered, was sent to FSL Junga, for chemical analysis, from where, positive report has been received. 11.5. It has been mentioned, in the status report, that after completion of the investigation, in the case, the final report has been submitted in the Court and the trial has commenced. In the trial, out of total 21 prosecution witnesses, statements of 11 witnesses have been recorded and the case has been fixed for 18th February, 2025, for remaining prosecution evidence. 12. On the basis of the above facts, a prayer has been made by the learned Additional Advocate General, that the bail application may kindly be dismissed. 13. Heard. 14. Considering the peculiar facts and circumstances of the case, according to which, the applicant is behind the bars since 9 th February, 2023 and his mother and wife are suffering from serious medical ailments read with the fact that there is no one in the family, except the applicant, to look after them, this Court is of the view that the prayer of the applicant, for releasing him on interim bail, can be allowed, as, his presence would be required to attend his mother and wife. 15. It has also been submitted by learned counsel, appearing for the applicant, that the applicant is ready to abide by, any condition, which would be imposed by this Court, in case, interim bail is granted to the applicant. 16. Consequently, the applicant is ordered to be released, on interim bail, on and with effect from 9th January, 2025 to 18 th January, 2025, in the case, as mentioned above, on his furnishing personal bail bond, in the sum of Rs. 1,00,000/-with two sureties, of the like amount, to the satisfaction of the learned trial Court. This order, however, shall be subject to the following conditions: a) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. b) 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.
b) 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. c) The applicant shall not leave the territory of India without the prior permission of the Court. 17. The applicant is directed to surrender, before the jail authorities, on 19 th January, 2025, positively, by05.00 p.m. 18. Needless to observe that the applicant shall not seek any exemption to appear before the learned trial Court, on the date(s) fixed, if any, in the trial, during the period of interim bail. 19. 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. 20. It is made clear that respondent would be at liberty to move appropriate application, in case, any of the bail conditions, is found to be violated, by the applicant. 21. Registry is directed to forward a soft copy of the bail order to the Superintendent, Model Central Jail, Nahan, through e-mail, with a direction to enter the date of grant of interim bail in the e-prison software.