JUDGMENT : Virender Singh, J. By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Devinder Singh @Deepu @Deepak Raghav has sought his release, on bail, during the pendency of the trial, in case FIR No.118 of 2024, dated 05.09.2024, registered under Sections 21, 27A and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar, District Shimla, H.P. 2. According to the applicant, he has falsely been implicated, in the present case and has nothing to do with the offences, for which, he has been arrested. 3. Investigation, in the present case, is stated to be completed and the charge-sheet is also stated to have been filed, in the competent Court of law. 4. As per the applicant, the police could not collect the evidence, connecting him with the crime in question. 5. Applicant has also pleaded that the following cases hav e also been registered against him:- i. FIR No.147/2018 dated 18.07.2018, under Section 21 of NDPS Act, with PS Sadar. ii. FIR No.201/2018 dated 29.09.2018, under Sections 279 and 337 of IPC, with PS Dhalli. iii. FIR No.169/2022 dated 18.11.2022, under Section 21 of NDPS Act, with PS Dhalli. iv. FIR No.21/2023 dated 08.02.2023, under Section 21 of NDPS Act, with PS Dhalli. v. FIR No.199/2023 dated 06.12.2023, under Section 21 of NDPS Act, with PS Chandigarh. vi. FIR No.78/2014 dated 31.03.2014, under Section 61 of Excise Act, with PS Pinjore. 6. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-I, Shimla, District Shimla, Himachal Pradesh. However, the same was dismissed vide order dated 16.01.2025. 7. Thereafter, the applicant had filed CrMP(M) No.647 of 2025, before this Court. However, the same was dismissed as withdrawn, vide order dated 24.03.2025. 8. Apart from this, Mr. Mohar Singh, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 9. On the basis of the above facts, a prayer has been made to allow the bail application. 10. Mohar Singh, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 9. On the basis of the above facts, a prayer has been made to allow the bail application. 10. When, put to notice, the police has filed the status report, disclosing therein, that 05.09.2024, HC Lalit No.42, I/o Special Cell, Shimla, has submitted the ruqqa to Police Station Sadar, Shimla, mentioning therein that on 05.09.2024, he, along with other police officials, in private vehicle, bearing No.HP52-C-0280, was on traffic checking duty and duty to prevent the crime. 10.1. It is the case of the police that they had done the patrolling towards Old Bus Stand, Tara Hall, Lakkar Bazar and Sanjauli etc. At about 02:00 pm, when, HC Lalit, along with other police officials, was present at Bus Stop, Tara Hall, then, he received a secret information regarding the fact that one Deepak Raghav, R/o Devli Colony (applicant), is coming to take away the chitta, kept by some unknown person, as, the location of the place, where chitta has been kept, has been sent to said Deepak Raghav (applicant) on his mobile phone and in case, the said person is nabbed, heroin/chitta could be recovered. The said information was found to be authentic and reliable and according to the IO, in case, he would have made efforts to obtain authorization letter of search warrant, in that eventuality, there were chances that the contraband could be removed from there. As such, he has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer, Special Cell, Shimla. 10.2. Thereafter, IO proceeded towards the said place i.e. Tara Hall to IGMC and Sanjauli side. At about 02:45 pm, when, IO, along with other police officials, has alighted down from the vehicle, then, on seeing the police party, Devinder Singh @Deepu @Deepak Raghav (applicant) threw a small plastic envelope out of his pocket. On seeing the said situation, IO directed the driver of vehicle No.HP01-A-5296, who, according to the IO, has also seen the said incident, to come present. Two persons were found sitting in the said taxi. On seeing the said situation, IO directed the driver of vehicle No.HP01-A-5296, who, according to the IO, has also seen the said incident, to come present. Two persons were found sitting in the said taxi. On enquiry, both persons disclosed their names as Sunil Kumar and Padam Dass and they were associated in the investigation as independent witnesses. In the presence of the said independent witnesses, name and address of the person, so nabbed, were ascertained, who, on enquiry, disclosed his name as Devinder Singh @Deepu @Deepak Raghav (applicant). 10.3. Thereafter, the white plastic envelope, which was thrown away by him, was lifted and checked and the same was found to be containing light brown-coloured substance, which, on enquiry, was stated to be heroin/chitta and on weighing the same, it was found to be 5.650 gms, which was taken into possession. Other codal formalities were completed. 10.4. Thereafter, FIR in question was registered and accused person was arrested. 10.5. Subsequently, the contraband, so recovered, was sent to SFSL Junga, for chemical analysis, after complying with the provisions of Section 52A of the NDPS Act, by producing the contraband, before the Court of learned JMFC, Court No.6, Shimla, and positive report has been received. Thereafter, the charge-sheet has been submitted before the Court of learned Additional District & Sessions Judge, Shimla. 10.6. As per status report, following cases have been registered against the applicant:- i. FIR No.147/2018 dated 18.07.2018, under Section 21 of NDPS Act, with PS Sadar, in which, applicant has been acquitted. ii. FIR No.201/2018 dated 29.09.2018, under Sections 279 and 337 of IPC, with PS Dhalli, which is pending adjudication, before the Court of learned ACJM-1, Shimla, on 19.07.2025 for prosecution evidence. iii. FIR No.169/2022 dated 18.11.2022, under Section 21 of NDPS Act, with PS Dhalli, which is pending adjudication, before the Court of learned JMFC-5, Shimla, on 26.05.2025 for further order. iv. FIR No.21/2023 dated 08.02.2023, under Section 21 of NDPS Act, with PS Dhalli, which is pending adjudication, before the Court of learned JMFC-5, Shimla, on 28.07.2025 for evidence. v. FIR No.199/2023 dated 06.12.2023, under Section 21 of NDPS Act, with PS Chandigarh. vi. FIR No.78/2014 dated 31.03.2014, under Section 61 of Excise Act, with PS Pinjore. 10.7. The criminal antecedents of the applicant have also been put forward to oppose the relief, as claimed, in the application. 11. v. FIR No.199/2023 dated 06.12.2023, under Section 21 of NDPS Act, with PS Chandigarh. vi. FIR No.78/2014 dated 31.03.2014, under Section 61 of Excise Act, with PS Pinjore. 10.7. The criminal antecedents of the applicant have also been put forward to oppose the relief, as claimed, in the application. 11. On the basis of above facts, it has been apprehended that in case, the applicant is ordered to be released on bail, he may again indulge in the similar activities and may not be available for the trial. 12. It is the further case of the police that on the basis of the enquiry, made from Vijay Soni and bank statement of Gaurav Sharma, Section 27A of the NDPS Act has not been found to be involved, in the present case, as such, the said Section has been deleted. 13. In view of the above, a prayer has been made to dismiss the application. 14. Applicant, in the present case, has been arrested on 05.09.2024 and the contraband, allegedly recovered from the possession of the applicant, falls within the definition of ‘intermediate quantity’, for which, the Legislature, in its wisdom, has provided punishment, which may extend up to 10 years. 15. Admittedly, in none of the cases, which have been registered against the applicant, the competent Court of law has inflicted punishment, upon him, as such, keeping in view the period of custody of the applicant, the bail application cannot be rejected, as a matter of punishment, as pre-trial punishment is prohibited, under the law. 16. Even otherwise, there is nothing on record to show that any efforts have been made by the police/prosecution to get the bail, granted by the competent Courts of law, in the cases, registered against the applicant, as mentioned in the bail application, as well as, in the status report. 17. So far as the apprehensions of the police that in case, the applicant is ordered to be released on bail, he may again indulge in the similar activities and may not be available for the trial, are concerned, for those apprehensions, reasonable conditions can be imposed upon the applicant, in case, he is ordered to be released on bail. 18. Considering all these facts, this Court is of the view that the applicant is able to make out a case for his release, on bail, during the pendency of the trial. 18. Considering all these facts, this Court is of the view that the applicant is able to make out a case for his release, on bail, during the pendency of the trial. Hence, the present bail application is liable to be allowed and is accordingly allowed. 19. Consequently, the applicant is ordered to be released, on bail, in case FIR No.118 of 2024, dated 05.09.2024, registered under Sections 21 and 29 of the NDPS Act, with Police Station Sadar, District Shimla, H.P., on his furnishing personal bonds in the sum of Rs.50,000/- with two sureties of the like amount, to the satisfaction of the learned trial Court. 20. This order, however, shall be subject to the following conditions:- a) The applicant shall appear before the IO, as and when, directed by the IO to do so 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) 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, and d) The applicant shall not leave the territory of India without the prior permission of the Court. 21. 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. 22. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 23. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail, Kanda, Shimla, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 24. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail, Kanda, Shimla, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Shimla. 24. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail, Kanda, Shimla, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, Model Central Jail, Kanda, Shimla, Himachal Pradesh, 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.