JUDGMENT : Virender Singh, Judge Applicant-Abdul Basit, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the ' BNSS '), seeking the relief of bail, during the pendency of the trial, arising out of FIR No.108/2025, dated 11th May, 2025, registered with Police Station, Paonta Sahib, District Sirmaur, H.P., under Sections 20 , 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’). 2. According to the applicant, he is innocent person and has falsely been implicated, in this case, by the police. 3. As per the applicant, he is young man of 21 years and student of D-Pharma and also working as part time at a licensed medical shop in Uttar Pradesh. 4. It is the further case of the applicant that he has falsely been implicated, in this case, on the basis of his employment, in the shop and no recovery has been effected from him. The said shop is owned by co-accused Faizan. He was present on the shop as part time helper/employee. 5. All these facts have been pleaded to demonstrate that he was having no dominion and ownership over the said shop. 6. According to the applicant, the principal accused namely Chemist Mohd. Faizan was absconding and now, he has been arrested. 7. The applicant, earlier has tried his luck, by moving similar application, before this Court, which was dismissed as withdrawn on 11.09.2025. Thereafter, the applicant has filed application before the Court of learned Special Judge-II, Nahan, District Sirmaur, however, the said application was dismissed on 16.10.2025. 8. As per the applicant, investigation, in the present case, is complete and no useful purpose would be served by keeping him, in the judicial custody. 9. Elaborating the principle that ‘bail is the rule and jail is an exception’, the applicant has pleaded that he has no role to play in the crime in question. 10. The CCL/co-accused of the applicant is also stated to have already been released on bail, as such, he has sought the relief of bail on the ground of parity also. 11. 10. The CCL/co-accused of the applicant is also stated to have already been released on bail, as such, he has sought the relief of bail on the ground of parity also. 11. Apart from this, the learned counsel appearing on behalf of 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. 12. On the basis of the above facts, a prayer has been made to allow the application. 13. When put to notice, police has filed the status report, disclosing therein, that on 11.05.2025, HC Anil Kumar, No.645, along with other police official, was on patrolling duty to detect the crime relating to excise, narcotics and gambling Act, in the area of Sub-Division Paonta Sahib. 13.1. At about 01.15 p.m., when, the police party was present at Batamandi, then, the I.O., received a secret information that one Bilal Khan son of Yakub Ali, along with a boy, namely ABC, is coming on his motorcycle bearing Registration No.HP17F-0877, with drugs and smack with them from Uttar Pradesh to Paonta Sahib. As per the information, in case, he is nabbed, large quantity of contraband could be recovered. 13.2. According to the I.O., in case, he obtains the search warrants and authorization letter, delay could be caused and contraband could be removed from there. 13.3. The information was found to be authentic and reliable, as such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act and submitted the same to his superior officer. 13.4. Thereafter, the I.O., along with other police officials, proceeded towards the check post to put picketing, at about 2.10 p.m., where the police party was present at a distance of 200 metrs, towards Haryana boundry from Beharal Check post, for picketing, then he stopped 4-5 vehicles and requested the persons to be the independent witnesses, but no one was ready to be the independent witness. 13.5. At about 3.10 p.m., the I.O., noticed, two persons coming on foot, towards Beharal check post and he stopped them and inquired about their names. On inquiry, they disclosed their names as Pradeep Kumar and Ashish Sharma. The I.O., apprised them about the secret information and they were associated as independent witnesses. Thereafter, picketing was done. 13.6. 13.5. At about 3.10 p.m., the I.O., noticed, two persons coming on foot, towards Beharal check post and he stopped them and inquired about their names. On inquiry, they disclosed their names as Pradeep Kumar and Ashish Sharma. The I.O., apprised them about the secret information and they were associated as independent witnesses. Thereafter, picketing was done. 13.6. At about 4.20 p.m., a motorcycle Bullet No.HP17F-0877, as per the secret information, came there from Haryana side. Two persons were found on the said motorcycle. Before reaching the point, where picketing had been done, the person, who was pillion rider, was made to alight down, along with bag and he turned his motorcycle towards Haryana and fled away from there. 13.7. With the help of the police officials, the pillion rider, who was made to alight down from the motorcycle, along with bag, was nabbed. Thereafter, the I.O., has shown his identify card to him and inquired from him about the name and address. The said person disclosed his name as ABC. The name of other person, who fled away, along with motorcycle, was ascertained. His name was found to be Bilal Khan, as per the person/CCL, who was nabbed. 13.8. Thereafter, rucksack, which ABC was having, was checked. On opening, it was found containing black coloured polythene envelope, which was further found to be containing 20 strips of capsules marka PROXIOHM- SPAS. Each strip was found containing 24 capsules, upon which, the prohibited salt Tramadol, was printed. Total 480 capsules were found. Out of total 20 strips, 5 strips were of the Batch No.RHC460/24 and 15 strips were of Batch No.RHC461/24, manufacturing date of which was found -2/2025 and expiry date 01/2027. 13.9. All the 480 capsules were found to be manufactured by Reswin Health Care, Plot No.41 Gabriel Road Sector-2, Parwanoo, H.P. thereafter, the I.O. demanded the license/prescription slips from the CCL, which he could not produced, upon which, all the 20 strips were again put in the black coloured envelope and the same was put in the same rucksack. The rucksack was sealed with seal having impression ‘D’. 13.10. Thereafter, the small transparent polythene bag was checked, which was found containing pink coloured substance, which, on the basis of experience, was found to be smack/heroin and weight of the same was found to be 08 grams. The said contraband was also taken into possession. 13.11. The rucksack was sealed with seal having impression ‘D’. 13.10. Thereafter, the small transparent polythene bag was checked, which was found containing pink coloured substance, which, on the basis of experience, was found to be smack/heroin and weight of the same was found to be 08 grams. The said contraband was also taken into possession. 13.11. Other codal formalities were completed.Thereafter, the CCL was inquired, who has disclosed that Bilal Khan had gone with him to Mirzapur Behat to procure these capsules and smack. He has paid 50% amount for purchasing the same. 13.12. Thereafter, the rukka was prepared and on the basis of said rukka, FIR in question was registered. 14. Subsequently, the statement of witnesses were recorded, under Section 180 of BNS . The CCL has disclosed his age as 21 years, as such, he was arrested on 11.05.2025, at 10.05 p.m. He was medico-legally examined at Civil Hospital, Paonta Sahib. Thereafter, on 12.05.2025, the CCL was produced before the Court, from where, he was remanded to police custody till 15.05.2025. 15. During investigation, on 14.05.2025, the age of the CCL was found less than 18 years, as such, he was produced before the Principal Magistrate, Juvenile Justice Board, Nahan, from where, he was sent to correctional home. 16. The positive result has been received from SFSL, Junga, where the contraband has been sent for analysis. 17. On 07.08.2025, accused Bilal Khan was arrested at 5.20 p.m. The motorcycle used by him, in the crime, in question, bearing registration No.HP17F-0877, was also taken into possession. He was medico-legally examined. He was produced before the learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, from where, he was remanded to Police custody. 18. During investigation, Bilal Khan, disclosed that he has purchased the prohibited capsules, for a sum of Rs.4500/-, from the shop of a chemist at Mirzapur Uttar Pradesh and he could identify the same, upon which, on 09.08.2025, accused Bilal Khan had identified the medical shop in village Jattowala. The I.O., in the presence of C. Manoj Kumar No.2287, Police Station Mirzapur, U.P and Pradhan Gram Panchayat, Satish Kumar of village Jattowala, inquired about the name of the person present there. The person present there has disclosed his name as Abdul Basit (applicant). 19. Thereafter, the I.O., after completing other codal formalities, searched the shop. The I.O., in the presence of C. Manoj Kumar No.2287, Police Station Mirzapur, U.P and Pradhan Gram Panchayat, Satish Kumar of village Jattowala, inquired about the name of the person present there. The person present there has disclosed his name as Abdul Basit (applicant). 19. Thereafter, the I.O., after completing other codal formalities, searched the shop. During search of the shop, below the counter, a box, on which PROXIOHM- SPAS, has been printed, was found. A strip was also found, upon which PROXIOHM- SPAS was found printed, out of which two capsules have been taken away. Behind the chair, in the rack, a box was found, upon which PROXIOHM- SPAS was found printed. Each box was found containing 10 strips and each strip was found containing 24 capsules. Out of one strip, two capsules were taken out. Total 21 strips, containing 502 capsules, were recovered, which were found containing prohibited salt Tramadol. Out of total 21 strips, 11 strips (including 1 strip, out of which two capsules were taken out), were found to be of Batch No.MC-784 and 10 strips of Batch No.RHC-030/25. 20. Out of total 502 capsules, one box containing 240 capsules, and one strip, containing 22 capsules, out of which, two capsules have been taken out, was found to be manufactured by Maxilla Medisciences Private Limited, Plot No.14, 15, 16 Express Industrial Park Gomed Near Pirana Gate Circle S.P. Ring Road Pirana Ahmadabad Gujrat and other box containing 240 capsules of prohibited drugs were found to be manufactured by Reswin Health Care Plot No.41, Sector-2, Parwanoo. 21. Accused Abdul Basit (applicant), could not produce any record qua those prohibited capsules. Consequently, the contraband was taken into possession. After complying with all the codal formalities, accused Abdul Basit (applicant), was arrested on 09.08.2025, at 4.40 p.m.. On 10.08.2025, he was produced before the Court of learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, from where, he was remanded to police custody till 12.08.2025. 22. During investigation, accused Abdul Basit (applicant), disclosed that he is working as assistant in the shop owned by Dr./Chemist Mohd. Faizan, for the last 2-3 months. On 11.05.2025, he was present at Riza Medical Store, as, accused Bilal Khan has disclosed that at the direction of doctor, Abdul Vasit has handed over envelope containing the capsules’ box to doctor. 22. During investigation, accused Abdul Basit (applicant), disclosed that he is working as assistant in the shop owned by Dr./Chemist Mohd. Faizan, for the last 2-3 months. On 11.05.2025, he was present at Riza Medical Store, as, accused Bilal Khan has disclosed that at the direction of doctor, Abdul Vasit has handed over envelope containing the capsules’ box to doctor. Thereafter, the owner/doctor has handed over the above envelope to Bilal Khan and the CCL, for a sum of Rs.4500/-. Abdul Basit (applicant), also disclosed that they also sold the capsules in their shop and the doctor used to sell the same at the rate of Rs.10/- per capsules. Doctor used to pay him Rs.150/- -Rs.200/- daily. 23. The contraband, so recovered, was taken into possession and was sent to SFSL Junga, from where, positive report has been received. 24. On 05.10.2025, on the basis of secret information Mohd. Faizan, was also arrested. During investigation, the elder brother of Mohd. Faizan, produced the original affidavit qua rent deed and photocopy of license issued in favour of Mohd. Faizan, which were taken into possession. However, no bill/record qua purchase of recovered prohibited capsules was produced. 25. Lastly, it has been pleaded that the investigation, in the present case is complete and the charge sheet has been filed. The case is now listed for office report. 26. On the basis of the above facts, a prayer has been made to dismiss the application. 27. As per the stand taken by the police, in the present case, when, on the revelations, shop, which was being run, in the name and style of Riza Medical Store, village Jattowala, Police Station Mirzapur, District Saharanpur, U.P., was searched, then, applicant was found present there and when the said shop was searched, 502 capsules of PROXIOHM- SPAS were found, containing prohibited salt Tramadol in it. 28. The applicant, in the present case, has been arrested, under the provisions of NDPS Act. The legislature, in its wisdom, has enacted this statute to curb the menace of drug abuse with stringent punishment. Certain conditions are there, in the NDPS Act, in the shape of Section 37 of NDPS Act, which are, in addition to the conditions, as contained in Section 483 of the BNSS . The legislature, in its wisdom, has enacted this statute to curb the menace of drug abuse with stringent punishment. Certain conditions are there, in the NDPS Act, in the shape of Section 37 of NDPS Act, which are, in addition to the conditions, as contained in Section 483 of the BNSS . Before releasing a person on bail, those conditions, as enumerated under of the NDPS Act, are to be fulfilled, if the accused has been arrested for the offence, involving commercial quantity of contraband. 29. The contraband allegedly recovered from the applicant, admittedly, falls within the definition of ‘commercial quantity’. Once, it has been held that the contraband allegedly recovered from the possession of the accused (applicant) falls in the category of ‘commercial quantity’, as per the Notification issued by the Central Government, then, the rigors of Section 37 of the NDPS Act come into play. 30. The Hon’ble Supreme Court in Criminal Appeal No. 5544 of 2024, titled as ‘ Narcotics Control Bureau versus Kashif ’, Neutral Citation No. 2024 INSC 1045 , has again reiterated the law, as enumerated by it, in Narcotics Control Bureau versus Mohit Aggarwal , reported in AIR 2022 SC 3444 , by holding that the provisions of Section 37 of NDPS Act are mandatory in nature. Relevant paragraphs 8 and 39 of the said judgment are reproduced, as under: “8. There has been consistent and persistent view of this Court that in the NDPS cases, where the offence is punishable with minimum sentence of ten years, the accused shall generally be not released on bail. Negation of bail is the rule and its grant is an exception. While considering the application for bail, the court has to bear in mind the provisions of Section 37 of the NDPS Act, which are mandatory in nature. The recording of finding as mandated in is a sine qua non for granting bail to the accused involved in the offences under the said Act. Apart from the granting opportunity of hearing to the Public Prosecutor, the other two conditions i.e., (i) the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and that (ii) he is not likely to commit any offence while on bail, are the cumulative and not alternative conditions. xxx xxx xxx 39. xxx xxx xxx 39. The upshot of the above discussion may be summarized as under: (i) The provisions of NDPS Act are required to be interpreted keeping in mind the scheme, object and purpose of the Act; as also the impact on the society as a whole. It has to be interpreted literally and not liberally, which may ultimately frustrate the object, purpose and Preamble of the Act. (ii) While considering the application for bail, the Court must bear in mind the provisions of Section 37 of the NDPS Act which are mandatory in nature. Recording of findings as mandated in is sine qua non is known for granting bail to the accused involved in the offences under the NDPS Act. (iii) The purpose of insertion of Section 52A laying down the procedure for disposal of seized Narcotic Drugs and Psychotropic Substances, was to ensure the early disposal of the seized contraband drugs and substances. It was inserted in 1989 as one of the measures to implement and to give effect to the International Conventions on the Narcotic drugs and psychotropic substances. (iv) Sub-section (2) of Section 52A lays down the procedure as contemplated in sub-section (1) thereof, and any lapse or delayed compliance thereof would be merely a procedural irregularity which would neither entitle the accused to be released on bail nor would vitiate the trial on that ground alone. (v) Any procedural irregularity or illegality found to have been committed in conducting the search and seizure during the course of investigation or thereafter, would by itself not make the entire evidence collected during the course of investigation, inadmissible. The Court would have to consider all the circumstances and find out whether any serious prejudice has been caused to the accused. (vi) Any lapse or delay in compliance of Section 52A by itself would neither vitiate the trial nor would entitle the accused to be released on bail. The Court will have to consider other circumstances and the other primary evidence collected during the course of investigation, as also the statutory presumption permissible under Section 54 of the NDPS Act.” (self-emphasis supplied) 31. The Court will have to consider other circumstances and the other primary evidence collected during the course of investigation, as also the statutory presumption permissible under Section 54 of the NDPS Act.” (self-emphasis supplied) 31. In view of the law laid down by Hon’ble Supreme Court in Kashif’s case (supra), before releasing the person, involved in the crime, it is obligatory upon the Court to record the findings, which should be more than prima-facie findings, regarding existence of the twin conditions, as enumerated under Section 37 (b)(ii) of the NDPS Act. In other words, it can be said that before releasing the person, involved in the crime in issue, findings have to be recorded by the Court, about the fact that accused is not guilty of such offence, and while on bail, he will not commit any offence. 32. The learned counsel for the applicant has argued that the applicant, is a young man of 21 years and working as part time employee, in the said shop, due to indigent circumstances, and that he is a student of D-Pharma and in order to meet his college fees and house- hold expenses, he has taken the said job on the shop. The young age and the indigent circumstances are too short to satisfy the twin conditions, as enumerated in Section 37 (b)(ii) of the NDPS Act, 33. So far as the arguments of the learned counsel for the applicant, that the applicant was not the owner of the shop, from where, 502 capsules, containing prohibited salt Tramadol, was allegedly recovered, is a fact, which would be proved or probablized during the trial. Even, if the said argument is considered, this Court is of the view that the twin conditions, as enumerated, under Section 37 of the NDPS Act, do not exist in favour of the applicant. 34. Considering all these facts, this Court is of the view that the applicant is not able to make out a case, on the basis of which, it can be said that the applicant is not guilty of such offence and in case, he is ordered to be released, on bail, he is not likely to commit any offence. As such, in the absence of the satisfaction of the twin conditions, the applicant is not held entitled for any relief, under Section 483 of the BNSS . Consequently, the bail application is dismissed. 35. As such, in the absence of the satisfaction of the twin conditions, the applicant is not held entitled for any relief, under Section 483 of the BNSS . Consequently, the bail application is dismissed. 35. 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.