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Himachal Pradesh High Court · body

2025 DAILYLAW 3497 (HP)

Vishal Sharma v. State of H. P.

2025-09-12

Virender Singh

body2025
JUDGMENT : Virender Singh, J. Applicant – Vishal Sharma has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No.125 of 2023, dated 15.09.2023, under Sections 22, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS’) and Sections 201, 465, 467 and 471 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), registered with Police Station, Gagret, District Una, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, by the police. 3. As per the applicant, investigation in the present case, is complete, as the police has filed the charge sheet, before the competent Court of law. 4. The applicant had earlier filed application bearing Cr.MP(M) No.2947 of 2024, under Section 438 Cr.PC., which was ultimately dismissed by this Court on 02.04.2024. Thereafter, the applicant has tried his luck by filing similar application before the Hon’ble Supreme Court, bearing Special Leave to Appeal (Crl.) No.5527 of 2024, which was also dismissed. Subsequently, the applicant has surrendered before the learned trial Court on 13.05.2024 and from that day, he is in judicial custody. 5. Thereafter, the applicant had tried his luck before the Court of learned Special Judge-I, Una, District Una, however, his application has been dismissed, vide order dated 07.09.2024. 6. Inordinate delay in trial, in the case, has also been put forward as one of the grounds for seeking the relief, as, out of total 82 witnesses, till date, only two witnesses have been examined. 7. On the basis of above facts, the applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, released on bail. 8. On these submissions, a prayer has been made to allow the bail application. 9. When put to notice, police has filed the status report, disclosing therein, that on 15.9.2023, Additional Superintendent of Police Shri Rajender Kumar, ANTF Kangra, has submitted the ruqua to Police of Gagret, for the registration of the FIR. 8. On these submissions, a prayer has been made to allow the bail application. 9. When put to notice, police has filed the status report, disclosing therein, that on 15.9.2023, Additional Superintendent of Police Shri Rajender Kumar, ANTF Kangra, has submitted the ruqua to Police of Gagret, for the registration of the FIR. In the ruqua, it has been mentioned by the Additional Superintendent of Police, Shri Rajender Kumar, ANTF, Kangra that he, alongwith other police officials, was on patrolling duty and the duty to detect the crime, relating to narcotic drugs. 9.1. On 15.9.2023, at about 7:30 p.m., the I.O. was present at the gate of Shiv Bari temple. At that time, he received a secret information, with regard to indulgence of one Varinder Kumar @ Bindu, s/o Shri Vikram Chand, R/o ward No. 5, NAC Gagret, Tehsil Ghanari, District Una, in the business of selling the narcotic substance. 9.2. As per the information, a big haul of the medicines was being transported in pick-up No.HP-36B-8124 to his residential house from Army Ground, Gagret. The said information was found to be authentic and reliable. It has also been informed that in case, the said vehicle is checked, large quantity of the narcotic substances, could be recovered. 9.3. It is the further case of the I.O. that in case, the efforts to obtain the authorization letter/search warrant would have been made, in that eventuality, contraband could be removed. Thereafter, Drug Inspector Rajat Sharma was informed and asked to reach near the Army Ground. Thereafter, the I.O. along with the police officials had also proceeded towards the Army Ground, Gagret. The information, under Section, 42(2) of the NDPS Act, was prepared and was submitted to SDPO, Amb, through LHC Aruna Kumari, ANTF, Kangra. 9.4. When, the I.O., along with police officials, reached outside the Army Ground, Gagret, at about 8:10 p.m, he noticed two persons, namely Avinash Bhardwaj and Kusum Lata, who is vice president of Nagar Panchayat, Gagret. Both of them were apprised about the secret information, as received by the I.O. and associated in the investigation of the case. 9.5. When, the Police party entered the Army Ground, then, they noticed the aforesaid pick-up, being driven by its driver, coming towards Army Ground. The I.O., with the help of police officials, had stopped the said vehicle. Both of them were apprised about the secret information, as received by the I.O. and associated in the investigation of the case. 9.5. When, the Police party entered the Army Ground, then, they noticed the aforesaid pick-up, being driven by its driver, coming towards Army Ground. The I.O., with the help of police officials, had stopped the said vehicle. In the meanwhile, Drugs Inspector Rajat Sharma also reached there, who was also associated in the investigation. In the presence of local witnesses, the I.O. has shown his identity card to both the persons, sitting in the vehicle. Thereafter, they were inquired about the white plastic sack. Both of them had disclosed that this box (builty) belongs to Varinder Kumar @ Bindu, S/o Shri Vikram Chand. In the presence of these witnesses, both the said persons were directed to come out. 9.6. Thereafter, a white coloured sack was opened and a card board box, containing 60 small card board boxes were found in it, and in the other box, 59 card board boxes, were found. Drugs Inspector Rajat Sharma checked the aforesaid boxes, in the presence of the witnesses, and on opening the boxes, Cap. Paracetamol, Dicyclomine, Hydrocholride and Tramadol Hydrochloride capsules Proxywel spas were found. Total 14,400 capsules were found in the box, which has been marked as mark-I. In the other box, which has been marked as mark-2, 14160 capsules were found. Thus, total 28560 capsules were found. 9.7. On inquiry, the driver of the pick-up disclosed his name as Maan Singh, S/o Munna Ram, VPO Gagret, Tehsil Ghanari, District Una. 9.8. Other codal formalities were completed. Thereafter, ruqua was prepared and submitted to Police Station, Gagret, for the registration of the FIR. 9.9. Initially, the investigation was conducted by Additional S.P. Rajender Kumar and thereafter, the same was handed over to I.O./Inspector/Incharge, Police Station, Gagret, Sh. Sunny Guleria. Spot map was prepared. Accused Maan Singh and Mahasu Ram were inquired. Thereafter, the matter was inquired from Bhupender Dutta, S/o Sukhdev Chand Dutta, who was running a chemist shop in Gagret. He was also associated in the investigation. During investigation, accused Mahasu Ram disclosed that the photo of goods receipt of the parcel was forwarded to him by Varinder Kumar @ Bindu, through whatsapp, and he was directed to receive the said parcel from Kamal Transport, Gagret, and hand over the same to Varinder Kumar at his home. 9.10. He was also associated in the investigation. During investigation, accused Mahasu Ram disclosed that the photo of goods receipt of the parcel was forwarded to him by Varinder Kumar @ Bindu, through whatsapp, and he was directed to receive the said parcel from Kamal Transport, Gagret, and hand over the same to Varinder Kumar at his home. 9.10. On inquiry, Bhupender Dutta disclosed that the parcel containing contraband belong to accused Varinder Kumar @ Bindu. However, the bill of the same was issued in the name of Dutta Medical Agency, Gagret. In lieu of the issuance of bill, accused Varinder Kumar @ Bindu used to pay five boxes of Tramadol free of cost to him. Bhupender Dutt was also arrested. 9.11. It is the further case of the Police that number of persons were found involved in the case. Accused Virender Kumar was arrested on 15.9.2023 at about 10:30 p.m. All the four persons have been medico-legally examined. On 16.9.2023, they were produced before the Court of learned Chief Judicial Magistrate, Una, who had remanded them to Police custody, for three days. 9.12. On 16.9.2023, one Vishal Jaswal informed the Police that one parcel in the name of Dutta Medical Agency has been received through Kamal Transport, upon which, Assistant Drugs Inspector Shashi Pal reached at the spot, where owner of Kamal Goods, through Vishal Jaswal, has produced one parcel alongwith carbon copy of GR No. A59198, dated 14.9.2023, and one bill of Jan Priya Pharma 27/16, Chhoti Sabzi Mandi Janakpuri, New Delhi, to the police. Said bill was in the name of Dutta Medical Agency, Gagret. When, the said parcel was opened in the presence of witnesses, the same was found containing 25,000 tablets of Tramadol Hydrochloride tablets 100 mg Clovedol 100 SR, which is a prohibited drug. The above medicines were taken into possession. 9.13. It is the further case of the police that the invoices, which were found along with the consignment, were invoices of the items used in Covid-19 pandemic, like masks, sanitizer, gloves etc. 9.14. During investigation, mobile phones of accused Virender Kumar, bearing Nos.9816042336, 8278733069, 8580581311, as well as, phone of accused Maan Singh, bearing No. 9816503646 and, of Bhupender Dutta, bearing No. 9816956481, were taken into possession. 9.15. 9.14. During investigation, mobile phones of accused Virender Kumar, bearing Nos.9816042336, 8278733069, 8580581311, as well as, phone of accused Maan Singh, bearing No. 9816503646 and, of Bhupender Dutta, bearing No. 9816956481, were taken into possession. 9.15. During investigation, it was found that according to GR No. A59051, dated 12.9.2023, and GR No. A 59198, dated 14.9.2023, parcel received through Kamal Goods Carrier Delhi, in the name of Dutta Medical Agency, Gagret, were forwarded by Jan Priya Pharma 27/16 Chhoti Sabzi Mandi, Janakpuri, New Delhi. However, when, the I.O. verified the said fact, it was found that the said bills, were not issued by the said firm. 9.16. On 20.9.2023, shop of Bhupender Dutta was searched. During search, documents, pertaining to GR No. 58021, dated 23.8.2023 and invoice No. 00325, dated 23.8.2023, were found to be issued by Jan Priya Pharma Company. However, as per these invoices, these medicines were not found in the medical store. 9.17. As per letter of the Director General of Police, Himachal Pradesh, dated 26.9.2023, investigation of the case was transferred to CID. Consequently, a Special Investigating Team (SIT), was constituted. 9.18. During investigation, it was found that recovered parcels, containing prohibited drugs were received at Jaswal Goods Carrier, Gagret, through Kamal Goods Carrier. It was also found that in the name of Dutta Medical Agency, other transports have also received consignment/parcels. 9.19. It was also found that Varinder Kumar was earlier running Chemist shop, under the name and style of ‘Siddhi Vinayak’, and now, he is running the same, under the name and style of ‘M.B. Pharma’. In this regard, delivery register and challan forms were also obtained. On the perusal of the same, it was found that through these transports, consignment/ parcels, worth crores of rupees, were found, in the name of Sidhi Vinayak, M.B. Medicine and Dutta Medical Agency. 9.20. The contraband, so recovered, was sent to SFSL, Junga. Weight of the parcel was found to be 15.681 kg. The said drug was found to be sample of Tramadol capsules. In addition to this, the weight of the parcels, which has been marked as mark-B, containing Clovedol 100 SR, was found to be 8.450 kg. Manufacturer of the same was found to be the Akums Drugs and Pharmaceuticals IIE SIDKUL Haridwar. The said drug was found to be sample of Tramadol capsules. In addition to this, the weight of the parcels, which has been marked as mark-B, containing Clovedol 100 SR, was found to be 8.450 kg. Manufacturer of the same was found to be the Akums Drugs and Pharmaceuticals IIE SIDKUL Haridwar. Consequently, company officials of Pure & Cure Healthcare Pvt. Ltd., Plot No. 26A, 27-30 Sector 8A, IIE SIDKUL, Haridwar were associated in the investigation. On inquiry, it was found that their company is the subsidiary of Akums Drugs & Pharmaceuticals Ltd. Company. The factory of batch No. P06CA09 was not found to have manufactured Proxywel Spas medicine. 9.21. As per the further stand of the Police, from the recovered strips, eight digit number is found to be marked, which was 20130552. As per officials of the company, number 20130552 was the unique number of their company, being packing material Artwork Code number. The company used to get printed lay out from UTS Foils and Packaging and Perfect Print Pack. Similarly, police has also got haul of Clovedol tablets. However, batch number was found to be erased. The other 8 digit number 20161349 was found to be printed on it. About this number, the company officials disclosed that this number is packing material Artwork Code number. The company used to get the said design Artwork from Shree Ji Enterprises. 9.22. During investigation, the I.O. also found that the accused Virender Kumar has smuggled the psychotropic substance from Jan Priya Pharma through Kamal Goods Transport. These parcels were not sent by Jan Priya Pharma, Delhi, nor any invoice was found in their shop. 9.23. During investigation, it was found that on 14.9.2022, when the Police recovered the substance from vehicle No. HP 36B-8124, Varinder Kumar has forwarded GR No.59051, dated 12.9.2023 and GR No. A 59198, dated 14.9.2023 to Mahasu Ram, on his phone, through whatsapp. Accused Virender Kumar directed Mahasu Ram to receive parcel bearing GR No. 59051, dated 12.9.2023, and GR No. 59198, dated 14.9.2023. In the mobile handset, which was taken into possession from Mahasu Ram, photos of aforesaid GR Nos were found, whereas, in the mobile phone of the accused Virender Kumar, photographs of aforesaid GR Nos. were not found. Both these handsets and GR Nos. have been sent to RFSL, Dharamshala, for analysis. 9.24. In the mobile handset, which was taken into possession from Mahasu Ram, photos of aforesaid GR Nos were found, whereas, in the mobile phone of the accused Virender Kumar, photographs of aforesaid GR Nos. were not found. Both these handsets and GR Nos. have been sent to RFSL, Dharamshala, for analysis. 9.24. During investigation, it was found that the handset on which, accused Virender Kumar on 14.9.2023, had forwarded the photographs of aforesaid GR Nos. were having two sim cards, bearing No. 9816042336 and 8278733069. The IMEI number of these two slots were found to be 864372062985240 and 864372062985250, whereas, accused Virender Kumar, on 15.9.2023, produced the phone make ‘Oppo’, bearing IMEI No. 866114046756195 and 866114046756187. 9.25. According to the police, variation in these numbers was due to the fact that he used to conceal mobile handset, used for transporting of drugs through Mahasu Ram and produce some other mobile phones to the Police. These facts have been highlighted to show that accused is very clever person and he may destroy the evidence. It was also found during investigation that mobile handset, with the help of which, accused Virender Kumar has forwarded the whatsapp messages to Mahasu Ram, in that mobile handset, w.e.f. 15.9.2023 to 6.10.2023, mobile phone numbers 8627872324 and 7807786506 were found to be operating, whereas, according to customer application form, aforesaid mobile numbers were issued in the name of one Abhishek, s/o Ambika Prasad. Mobile Number 7807786506 was found in the name of Nisha Devi wife of Tilak Raj. 9.26. On 15.10.2023, search warrant of house and shop of accused Virender Kumar was obtained. During search, some objectionable documents were found and Indian currency of Rs. 4,42,700/- and foreign currency of Rs. 1,40,000/- was found. On inquiry, Meenakshi Sharma could not give satisfactory reply. However, she has produced empty box of Oppo, on which EMEI 864372062985252 and 864372062985245 were found to be printed. It has also been found that accused Virender Kumar, in the name of Dutta Medical Agency, had transported the consignment worth crores of rupees from Jan Priya Pharma, between 2020 to 2023. These facts have been highlighted just to show that these are forged documents. 9.27. It has also been found that accused Virender Kumar, in the name of Dutta Medical Agency, had transported the consignment worth crores of rupees from Jan Priya Pharma, between 2020 to 2023. These facts have been highlighted just to show that these are forged documents. 9.27. During investigation, the involvement of the Varinder Kumar @ Bindu, in the crime, in question, has been found, on the basis of the parcels/consignments, which were taken into possession by the Police on 15.09.2023 and 16.09.2023, from the possession of Mahasu Ram and Man Singh. Both the parcels were got transported by accused Varinder Kumar @ Bindu, in the name of Bhupender Dutta’s Medical Shop, Dutta Medical Agency, with the help of applicant Vishal Sharma from Delhi. 9.28. According to the further case of the police that the said parcel was opened and on opening 28,560 capsules of Proxywel Spas Containing Tramadol, were recovered, along with driver copy of GR No.A59051, dated 12.09.2023 and invoice No.00325, dated 12.09.2023 of Jan Priya Pharma. 9.29. It is the further case of the police that one Aman Kumar was servant of accused Sahil Goswami, and Naresh Kumar Miglani, was servant of accused Samta Aggarwal. During investigation, statement of Aman Kumar, under Section 161 Cr.PC, was recorded. Thereafter, his statement, under Section 164 Cr.PC, was also recorded by producing him before the Court of learned Judicial Magistrate First Class, Amb, in which, he has disclosed that at the instance of his employer Sahil Goswami, on 12.09.2023, through the servant of Samta Aggarwal, who is stated to be the friend of Sahil and his friend from Ludhiana Vishal Sharma (applicant), he obtained two boxes of medicines at Bhagirath Palace Delhi. Those two boxes were smuggled through Kamal Goods Carrier Lahori Gate, in the name of Dutta Medical Agency, Gagret. Aman Kumar has also got recorded that on 12.09.2023, Sahil Goswami and Vishal Sharma (applicant) has also forwarded invoices in the name of Jan Priya Pharma, through whatsapp. The printouts of the same were obtained by Aman Kumar and through those invoices, the said parcel was got smuggled for Gagret. 9.30. Statement of Naresh Kumar Miglani, servant of Samta Aggarwal was also got recorded under Section 164 Cr.PC, who has disclosed that at the instance of Sahil Goswami and his employer Samta Aggarwal, he had handed over a parcel containing medicines on 12.09.2023 to Aman Kumar. 9.31. 9.30. Statement of Naresh Kumar Miglani, servant of Samta Aggarwal was also got recorded under Section 164 Cr.PC, who has disclosed that at the instance of Sahil Goswami and his employer Samta Aggarwal, he had handed over a parcel containing medicines on 12.09.2023 to Aman Kumar. 9.31. Lastly, the police has submitted the conclusion of the investigation by pleading that the consignment, which was intercepted on 15.09.2023 from Mahasu Ram and Maan Singh and the consignment which was intercepted on 16.09.2023, those medicines were prohibited medicines and along with those medicines, invoices of Jan Priya Pharma were found. In those invoices, there is reference of Masks, Sanitizers, gloves etc., Those parcels were smuggled in the name of Bhupender Dutta by Virender Kumar @ Bindu, with the help of his companion Vishal Sharma (applicant) from Delhi. 9.32. During investigation, photocopy of the invoices were obtained from Nitin Kapoor, owner of Jan Priya Pharma. However, Nitin Kapoor was not knowing that the forged invoices of his firm Jan Priya Pharma are being used for smuggling of prohibited drugs. 9.33. During investigation, according to the police, it was found that the prohibited drugs were got transported through Kamal Goods Carrier, Delhi. It was also found that the consignment, which was intercepted in the intervening night of 14th/15th September, 2023, containing Proxywel Spas capsules, was got transported by Vishal Sharma (applicant) of Ludhiana, who has supplied the same, with the help of his friend Sahil Goswami of Sonipat and accused Sahil Goswami has delivered the same at Lahori Gate with the help of Kamal Goods Carrier through Aman Kumar, who is servant of his companion Samta Aggarwal. Thereafter, on the directions of Sahil Goswami, those drugs were transported through Kamal Goods Carrier to Una, in the name of Dutta Medical Agency and one consignment was smuggled in the name of Jan Priya Pharma by using invoices No.00325 dated 12.09.2025. After taking the parcel, employees of Kamal Goods Carrier had issued three copies of GR No.A59051, dated 12.09.2023, original was kept in the record of the consignee, copy was handed over to the person, who has booked the parcel and driver’s copy was given to the driver of the truck, who has brought the consignment to Gagret. After taking the parcel, employees of Kamal Goods Carrier had issued three copies of GR No.A59051, dated 12.09.2023, original was kept in the record of the consignee, copy was handed over to the person, who has booked the parcel and driver’s copy was given to the driver of the truck, who has brought the consignment to Gagret. Since, the parcel was booked in the name of Jan Priya Pharma, as such, on the invoice Covid related items such as masks, sanitizer, hand gloves etc., were mentioned. Due to this, no hesitation was shown by the Kamal Goods Carrier to book the said parcel. When the consignment was intercepted by the police at Gagret Una, then, 28560 capsules of Proxywel Spas containing Tramadol were recovered, along with it driver copy of bilty GR No.A 59051 dated 12.09.2023 and invoice No.00325 dated 12.09.2023, in the name of Jan Priya Pharma were recovered. 9.34. In the mobile phone of Mahasu Ram, who was arrested on the spot, the whatsapp messages with regard to GR No.59051, dated 12.09.2023, were found, which were forwarded to him by his companion Virender Kumar @ Bindu, through Whatsapp. Virender Kumar had sold the said phone and handed over the other phone to the police. When accused Sahil Goswami was arrested, from his mobile phone, PDF file of invoice bearing 00325, was also found. The PDF file was got recovered by RFSL Dharamshala from the mobile phone of Sahil Goswami. 9.35. Reiterating the fact that the consignment, which was recovered on 16.09.2023, containing Clovidol 100 SR tablets, was smuggled by accused Virender Kumar @ Bindu from his companion Vishal Sharma (applicant) of Ludhiana on 12.09.2023, it is the case of the police that accused Virender Kumar @ Bindu had smuggled the said consignment through his companion Rishabh Jain of Delhi, whereas, Rishabh Jain, smuggled these tablets, from Muzaffernagar, through his companion Mohammad Siraz through New Ambe Transport on Kacha Bill. Rishabh Jain received those smuggled goods on 14.09.2023, at Delhi through New Ambe Transport, through labourers Onkar Upadhyaya and Kaptan Singh and with their help, he has booked the same with Kamal Goods Carrier Lahori Gate to Dutta Medical Agency Gagret, Una. In order to book those consignments, he has used Jan Priya Pharma, invoice No.00325, dated 12.09.2023. Rishabh Jain received those smuggled goods on 14.09.2023, at Delhi through New Ambe Transport, through labourers Onkar Upadhyaya and Kaptan Singh and with their help, he has booked the same with Kamal Goods Carrier Lahori Gate to Dutta Medical Agency Gagret, Una. In order to book those consignments, he has used Jan Priya Pharma, invoice No.00325, dated 12.09.2023. It is a case of the Police that from the mobile phone of accused Rishabh Jain, photo of the consignee’s copy of GR No.59198, dated 14.09.2023, as well as, photo of Jan Priya Pharma bearing invoice No.00325, were found. 9.36. As per the status report, during investigation, involvement of applicant Vishal Sharma was found on the basis of the following facts:- i) The consignment, which was taken into possession by the Police from accused Mahasu Ram and accused Maan Singh, on 15.09.2023 and the consignment, which was intercepted on 16.09.2023, both the parcels were in the name of Dutta Medical Agency, owned by Bhupender Dutta, which was smuggled by Virender Kumar @ Bindu, with the help of applicant Vishal Sharma from Delhi. ii) The consignment of Proxywel Spas which had been recovered at Gagret, in the intervening night of 14th/15th September, 2023, was smuggled by accused Virender Kumar @ Bindu through his companion Vishal Sharma of Ludhiana (applicant). In order to fulfill the said traget, accused Vishal Sharma, brought those psychotropic substances through his companion Sahil Goswami of Sonipat. When the consignment was intercepted, by the police of Police Station Gagret, then 28560 capsules of tramadol were recovered along with driver copy of GR No.A59051, dated 12.09.2023 and invoice No.00325 dated 12.09.2023, issued by Jan Priya Pharma were also recovered. When the mobile phone of Mahasu Ram was booked, the consignee’s copy of GR No.A59051, dated 12.09.2023, was found, which, according to the police, was sent by accused Virender Kumar @ Bindu through Whatsapp. iii) It is the further case of the police that the consignment of the Clovidol 100 SR tablets, containing Tramadol, which was recovered, was got smuggled by Virender Kumar @ Bindu, through his companion Vishal Sharma of Ludhiana (applicant), whereas, Vishal Sharma (applicant), got the same smuggled through his companion Rishabh Jain of Delhi. iii) It is the further case of the police that the consignment of the Clovidol 100 SR tablets, containing Tramadol, which was recovered, was got smuggled by Virender Kumar @ Bindu, through his companion Vishal Sharma of Ludhiana (applicant), whereas, Vishal Sharma (applicant), got the same smuggled through his companion Rishabh Jain of Delhi. When the same was intercepted, the same was found containing 25000 tablets of Clovidol 100 SR containing Tramadol, along with bilty GR No.A59198, dated 14.09.2023 and invoice No.00325, dated 13.09.2023, issued by Jan Priya Pharma. iv) According to the police, witness Aman Kumar has also deposed that Vishal Sharma (applicant), has also forwarded the invoices of Jan Priya Pharma through Whatsapp, by virtue of which, he was directed to book the parcel. v) It is the further case of the police that Vishal Sharma (applicant) remained in touch with accused Virender Kumar @ Bindu, Mahasu ram and Sahil Goswami, through mobile. vi) It has been stated that now, the investigation, in the present case, is complete and the police has filed the charge-sheet against eight accused; namely, Maan Singh, Mahasu Ram, Bhupender Dutta, Virender Kumar @ Bindu, Rishabh Jain, Mohammad Shiraj, Sahil Goswami, and Vishal Sharma (applicant), under Sections 22, 25 and 29 of the NDPS Act and Sections 201, 465, 467 and 471 of the IPC, in the Court of learned Special Judge, Una. The trial has now been commenced. 9.37. Lastly, it has been apprehended that in case, the applicant is released on bail, he may coerce the witnesses and may also fled away from the country. 9.38. An apprehension has also been made that in case, the applicant is ordered to be released on bail, it will give a wrong signal to the society and he may again indulge in the similar activities. 10. On the basis of above facts, a prayer has been made to dismiss the application. 11. Perusal of the record shows that the statement of Aman Kumar son of Sukhbir Singh was got recorded, under Section 164 Cr.PC, in which, he has specifically disclosed that he received a call from Sahil Goswami, who had disclosed to him that he will receive a call from Vishal (applicant), who has disclosed that his friend is Samta Aggarwal, whose parcel is to be booked. Thereafter, she has been directed that the information is to be obtained from Vishal Sharma (applicant) on phone. Thereafter, she has been directed that the information is to be obtained from Vishal Sharma (applicant) on phone. Thereafter, he received a call from Vishal Sharma, who has stated that the parcel, containing the medicines, belonging to his friend Samta Aggarwal, is to be booked with Kamal Goods Carrier in the name of Jan Priya Pharma and the same is to be forwarded to Gagret, Himachal Pradesh, in the name of Dutta Medical Agency. In the latter part of his statement, he has deposed about the telephonic call, which he received from Samta Aggarwal. This witness deposed that later on he received voice call on whatsapp from Vishal Sharma (applicant) and this voice call was received after whatsapp call of Samta Aggarwal to this witness. 12. Similarly, Aman Kumar also named Vishal Sharma (applicant), in his statement, under Section 161 Cr.PC, in which, he has recorded that he had called Vishal Sharma (applicant), on phone, who has disclosed to him that parcel of Samta Aggarwal is to be booked in the name of Jan Priya Pharma through Kamal Goods Carrier, Lahori Gate in the name of Dutta Medical Agency, Gagret. 13. In view of the above, it cannot be said that the police could not collect any evidence against the applicant. 14. Admittedly, the contraband, allegedly recovered, in this case, falls within the definition of ‘commercial quantity. In view of the law laid down by Hon’ble Supreme Court in Criminal Appeal No.5544 of 2024, titled as ‘Narcotics Control Bureau versus Kashif’, Citation No. 2024 INSC 1045 , 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. 15. 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. 15. In the given facts and circumstances of this case, 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 entitled to any relief under section 483 of the BNS. Consequently, the present application is dismissed. 16. 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.