JUDGMENT : Virender Singh, J. Applicant–Emmanuel Onyeka, 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.31/2024, dated 18th February, 2024, registered with Police Station, Sadar Solan, District Solan, H.P., under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), Section 14 of Foreigner Act and Section 201 of the Indian Penal Code (hereinafter referred to as ‘the IPC’). 2. According to the applicant, he is innocent person and has falsely been implicated, in this case, at the alleged disclosure made by co­accused Mehraj. 3. The applicant has further pleaded that applicant has no concern whatsoever with the crime in question. The applicant is stated to be citizen of Federal Republic of Nigeria, having passport bearing No.AO7999535. 4. It is the further case of the applicant that nothing is to be recovered from him and he has been arrested, in the present case, on 07.03.2024, since then, he is in judicial custody. 5. As per the applicant, the charge­sheet has been filed in the competent Court of law and the trial has not yet commenced. 6. 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. 7. The applicant has also tried his luck by moving similar applications, before the learned Special Judge, Solan, however, his first application was dismissed as withdrawn, on 19.05.2025, whereas, the second application was dismissed on 16.06.2025. Thereafter, the applicant has filed Cr.MP (M) No.2194 of 2025, before this Court, which was also dismissed on 26.09.2025. 8. On the basis of the above facts, Mr. Vishal Singh Thakur, Advocate, has prayed that during the pendency of the trial, the applicant may kindly be released on bail, by allowing the present application. 9. Thereafter, the applicant has filed Cr.MP (M) No.2194 of 2025, before this Court, which was also dismissed on 26.09.2025. 8. On the basis of the above facts, Mr. Vishal Singh Thakur, Advocate, has prayed that during the pendency of the trial, the applicant may kindly be released on bail, by allowing the present application. 9. When put to notice, police has filed the status report, disclosing therein, that on 18.02.2024, SI Gian Chand, Incharge Detection Cell, Police Station Sadar, Solan, has submitted a rukka to Police Station Sadar Solan, mentioning therein, that on 18.02.2024, he, along with other police officials, in official vehicle No.HP14B­ 9570, was on patrolling duty and duty to detect the crime relating to narcotic substances, towards Kotlanala and Dohari Diwar side. 9.1. At about 02.30 p.m., when, the police party was coming from old DC Office, Solan towards Kotlanala side, then, the I.O. received a secret information that near Hari Mandi, Kotlanala, one Jyoti Prakash is having four storeyed building, in which, on the first floor, one room set is rented out to Ahamadulla. As per the information, his son Mehraj is present in the said room, who is dealing in the narcotic substances and suspicion is that the contraband could be in his possession. 9.2. As per the information, if the said Mehraj is nabbed and room is searched, large quantity of contraband could be recovered. 9.3. The said information was found to be authentic and reliable and according to the I.O., in case, he obtains search warrants or authorization, there is possibility of removal of the contraband from the said room. As such, I.O. has complied with Section 42(2) of the NDPS Act and submitted the same to his superior officer, Solan. 9.4. Thereafter, the official vehicle was parked near the gate of Tehsil Office and one Suraj Prakash, who was found present near Kashyap Niwas, was associated in the investigation as independent witness, after apprising him about the secret information. 9.5. Thereafter, the police reached at the spot in Kashyap Niwas. Room No.2, on the first floor was knocked at about 3.05 p.m. On knocking, one young man came, who, on inquiry, disclosed his name as Mehraj son of Ahamedulla. 9.6. The I.O. apprised the said young man about the secret information and thereafter, the search of the room was conducted. Thereafter, the police reached at the spot in Kashyap Niwas. Room No.2, on the first floor was knocked at about 3.05 p.m. On knocking, one young man came, who, on inquiry, disclosed his name as Mehraj son of Ahamedulla. 9.6. The I.O. apprised the said young man about the secret information and thereafter, the search of the room was conducted. During search of the room, a blue and gray coloured ruck­sack was found, which, on opening was found to be containing two carry bags. In one carry bag, strips of four orange coloured tablets were found, which, on counting were found to be 39 strips. Those strips were found to be of Tapentadol Tablets 100 grams (tapdro­100). Total tablets were found to be 390. 9.7. Accused Mehraj was inquired about the licence or prescription slips, however, he could not produce the same. Thereafter, Drugs Inspector, was contacted, who has opined that those drugs were falling within the definition of Section 18 of the Drugs and Cosmetic Act. Currency notes of Rs.83,750/­ was also recovered. Apart from this, 3.59 grams, Chitta/Heroin, was also found. 9.8. The  contraband  was  taken  into  possession. Thereafter, after registration of the FIR, accused was arrested. On 21.02.2024, the contraband, so recovered, was sent to SFSL, Junga. 10. During investigation, Mehraj, disclosed that the recovered contraband was brought from African National, namely, James and disclosed that he could identify the place, where the said James has supplied the contraband. Hence, on 6.3.2024, police team, along with Mehraj, proceeded to Delhi to search for James. 11. On 7.3.2024, the spot was identified, where, James allegedly, handed over the contraband to him. James was searched for. He was found at Rajpur Khurd. On inquiry, he has disclosed his name as James Okike Emmanuel. On seeing the police team, he became perplexed and threw away some black substance out of his right pocket, which was, later on, found to be Chitta. On weighment, the said Chitta was found to be 4.67 grams. 12. The recovered contraband was taken into possession and accused was arrested. He could not produce his passport and Visa to the Police. Since, the applicant was found to be in India, in violation to the Visa conditions, as such, Section 14 of the Foreigner Act was added, in this case. 13. 12. The recovered contraband was taken into possession and accused was arrested. He could not produce his passport and Visa to the Police. Since, the applicant was found to be in India, in violation to the Visa conditions, as such, Section 14 of the Foreigner Act was added, in this case. 13. The contraband, so recovered, was also sent to SFSL, Junga, from where, positive report has been received. 14. Thereafter, charge­sheet has been filed against accused Mehraj, under Sections 21 and 29 of the NDPS Act and against the applicant, under Sections 21 and 29 of the NDPS Act, Section 14 of the Foreigner Act and Section 201 of the IPC, before the Court of learned Special Judge­I, Solan. As per the status report, for the recovery of 390 tablets of Tapentadol tablets, the matter was entrusted to Drugs Inspector. 15. Investigation, in the present, is complete. As per the stand taken by the Police, charge sheet, under Sections 21 and 29 of the NDPS Act, Section 14 of the Foreigner Act and Section 201 of the IPC, has been filed against the applicant, before the learned trial Court. 16. The contraband allegedly recovered, in the present case, does not fall within the definition of ‘commercial quantity’. As such, the rigors of Section 37 of NDPS Act are not applicable, in this case. 17. As per the status report, filed by the police, in the present case, the applicant, who proclaimed himself to be a Nigerian National, could not produce any document, with regard to his identification, such as, Passport and Visa, etc. 18. Interestingly, in the next paragraph, at page 8 of the status report, the police has mentioned the detail of the applicant, i.e., ‘James Okike Emmanuel S/o Emmanuel Okike R/O Village­Ogodo, City­ Anambla Nigeria’. 19. The applicant has also annexed the copy of the passport, although, the said passport has now been expired, but, on this score, it is difficult to conclude that the applicant’s identification, has not been proved, in this case. 20. Implication of the expiry of the passport is separate aspect, which would be gone into, by the learned trial Court, at the time of conclusion of the trial. 21. The applicant is in judicial custody since 07.03.2024 and the case was listed on 31.01.2026, for presence of the applicant/accused. 22. 20. Implication of the expiry of the passport is separate aspect, which would be gone into, by the learned trial Court, at the time of conclusion of the trial. 21. The applicant is in judicial custody since 07.03.2024 and the case was listed on 31.01.2026, for presence of the applicant/accused. 22. In such situation, the irresistible conclusion would be that the chances of commencement and conclusion of the trial, in near future, are not so bright. Hence, keeping the applicant in judicial custody would be nothing, but pre­trial punishment, which is prohibited under the law. Punishment can only be imposed, after the full fledged trial. 23. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. Consequently, the applicant is ordered to be released on bail, in case FIR No.31/2024, dated  18th  February,  2024,  registered  with  Police Station, Sadar Solan, District Solan, H.P., under Sections 21 and 29 of the NDPS Act, Section 14 of Foreigner Act and Section 201 of IPC, on his furnishing personal bond, in the sum of Rs.2,00,000/­-, with two sureties, in the like amount, to the satisfaction of learned trial Court. 24. This order of release, however, shall be subject to the following conditions :­ “a) Applicant shall 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 appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in  any  manner whatsoever; c) 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) Applicant shall not leave the territory of India without the prior permission of the Court.” 25. 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. 26. It is made clear that the respondent­-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 27. 26. It is made clear that the respondent­-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 27. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, through e­mail, with a direction to enter the date of grant of bail in the e­prison software. 28. 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, Nahan, District Sirmaur, is directed to inform this fact to the Secretary, DLSA, Sirmaur at Nahan. The Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, 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.