JUDGMENT : Virender Singh, J. Applicant­Rakesh Kumar alias Shanu has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 144 of 2024, dated 23.11.2024, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Damtal, District Kangra, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, by the police, in this case. 3. According to him, the investigation in the present case is complete and no useful purpose would be served by keeping him in the judicial custody. 4. The contraband allegedly recovered in the present case, according to the applicant, does not fall within the definition of commercial quantity, as such, the provisions of Section 37 of ND&PS Act are not applicable, in the present case. 5. The applicant has tried his luck earlier by moving similar application before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P., where his application was dismissed as withdrawn on 08.04.2025. Thereafter, he has again approached the learned Special Judge, Nurpur, District Kangra, H.P., however, his application has been dismissed on 03.07.2025. Subsequently, he moved to this Court by filing Cr.MP(M) No. 2567 of 2025, which was dismissed as withdrawn on 04.11.2025. 6. According to the applicant, apart from the present case, seven other cases have been registered against him, particulars of which, have been mentioned in para No. 9 of the application, which are reproduced, as under:­ 1. FIR No. 05/2021, dated 11.01.2021, under Section 21 of ND&PS Act of Police Station Damtal, District Kangra, H.P.; 2. FIR No. 104/2021, dated 14.09.2021, under Section 21 of ND&PS Act of Police Station Damtal, District Kangra, H.P.; 3. FIR No. 37/2023 dated 13.03.2023, under Sections 21, 29 of ND&PS Act of Police Station Damtal, District Kangra, H.P.; 4. FIR No. 70/2019, dated 13.11.2019, under Sections 21, 29 of ND&PS Act of Police Station Taragarh, Pathankot, Punjab; 5. FIR No. 134/2019, dated 13.11.2019, under Sections 21, 22, 29 of ND&PS Act of Police Station Div­2 Pathankot, Punjab; 6. FIR No. 87/2022, dated 11.05.2022, under Section 21 of ND&PS Act, Police Station Damtal, District Kangra, H.P.; and 7. FIR No. 70/2019, dated 13.11.2019, under Sections 21, 29 of ND&PS Act of Police Station Taragarh, Pathankot, Punjab; 5. FIR No. 134/2019, dated 13.11.2019, under Sections 21, 22, 29 of ND&PS Act of Police Station Div­2 Pathankot, Punjab; 6. FIR No. 87/2022, dated 11.05.2022, under Section 21 of ND&PS Act, Police Station Damtal, District Kangra, H.P.; and 7. FIR No. 18/2017, dated 15.01.2017, under Section 21 of ND&PS Act, of Police Station Damtal, District Kangra, H.P. 7. According to the applicant, although cases have been registered, however, he has not been convicted in any of the case by the competent Court of Law. 8. On the basis of the grounds as taken in the bail application, Sh. Vijender Katoch, learned Counsel 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 on 23.11.2024, HC Dinesh Kumar No. 46, I.O. CIA Staff Nurpur, submitted a rukka to the Police Station Damtal, disclosing therein that on 23.11.2024, he along with other police officials was on patrolling duty in vehicle No. HP38C­5260, as well as, duty to detect the crime relating to excise and narcotics. He was in the territorial jurisdiction of Police Station Damtal. 10.1 I.O., along with other police officials, while doing the patrolling, when reached at Ravi Dass Temple in village Badhroya, then, at about 2:40 pm, he noticed a person coming from Ravi Dass Temple side on scooty. On seeing the police party, he became perplexed and made efforts to reverse his scooty towards NH­44. HC Dinesh Kumar developed suspicion on account of his activity by concluding that he might be having some narcotic substance or some stolen article. As such, he chased his scooty. Although, the said person drove his scooty towards Damtal market. However, he was intercepted by the I.O. along with the help of other police officials. 10.2 During the process of driving the scooty at fast speed, said person entered into the verandah of a house in the street and fell down and sustained injuries. The said person was nabbed by the police. However, he was intercepted by the I.O. along with the help of other police officials. 10.2 During the process of driving the scooty at fast speed, said person entered into the verandah of a house in the street and fell down and sustained injuries. The said person was nabbed by the police. Hearing the commotions, the landlady also came out. On inquiry, the said lady disclosed her name as Kiran Kumari wife of Sukhdev. She has been requested to be the witness. Thereafter, one Mohan Singh was also associated and in the presence of those two witnesses, the name and address of person nabbed was inquired, who disclosed his name as Rakesh Kumar alias Shanu (applicant). The scooty number was found to be HP97A­5993. 10.3 When the said scooty was checked, from the dickey of the said scooty, a transparent polythene envelope was found. When the knot of the same was untied, it was found containing light brown­white coloured granular shaped substance, which, on checking with drug detection kit, was found to be heroin/chitta. On weighment, the said chitta was found to be 13.56 grams. The contraband was taken into possession. 10.4 Other codal formalities were completed. Rukka was prepared and submitted to the Police Station. After registration of FIR, accused (applicant) was arrested. The contraband was sent to FSL Junga, from where, positive report has been received. After completion of investigation, challan was prepared and presented on 17.01.2025 before the Court of learned ASJ Nurpur. The case is now fixed on 17.04.2026 for PWs. 10.5 As per the police, apart from the present case, following seven cases were found to be registered against him, which have also been detailed and described by the applicant in the bail application:­ 1. FIR No. 05/2021, dated 11.01.2021, under Section 21 of ND&PS Act of Police Station Damtal, District Kangra, H.P.; 2. FIR No. 104/2021, dated 14.09.2021, under Section 21 of ND&PS Act of Police Station Damtal, District Kangra, H.P.; 3. FIR No. 37/2023 dated 13.03.2023, under Sections 21, 29 of ND&PS Act of Police Station Damtal, District Kangra, H.P.; 4. FIR No. 70/2019, dated 13.11.2019, under Sections 21, 29 of ND&PS Act of Police Station Taragarh, Pathankot, Punjab; 5. FIR No. 134/2019, dated 13.11.2019, under Sections 21, 22, 29 of ND&PS Act of Police Station Div­2 Pathankot, Punjab; 6. FIR No. 37/2023 dated 13.03.2023, under Sections 21, 29 of ND&PS Act of Police Station Damtal, District Kangra, H.P.; 4. FIR No. 70/2019, dated 13.11.2019, under Sections 21, 29 of ND&PS Act of Police Station Taragarh, Pathankot, Punjab; 5. FIR No. 134/2019, dated 13.11.2019, under Sections 21, 22, 29 of ND&PS Act of Police Station Div­2 Pathankot, Punjab; 6. FIR No. 87/2022, dated 11.05.2022, under Section 21 of ND&PS Act, Police Station Damtal, District Kangra, H.P.; and 7. FIR No. 18/2017, dated 15.01.2017, under Section 21 of ND&PS Act, of Police Station Damtal, District Kangra, H.P. 10.6 It is submitted that applicant is very clever person and he is involved in the business of selling chitta and in case, he is released on bail, he may again indulge in the same activity and may coerce the witnesses. On the basis of above facts, a prayer has been made to dismiss the application. 11. First of all, coming to criminal cases registered against the applicant, admittedly in those cases, he has not been convicted by the Competent Court of Law, nor the police has made any efforts to get the bail cancelled in the above noted cases, by moving appropriate application. 12. Moreover, due to registration of those cases, applicant cannot be kept in judicial custody for indefinite period, as he was arrested, in this case, on 23.11.2024 and after the lapse of about 15 months, trial against him has not yet been concluded, as according to the status report, case is listed for 17.04.2026, for prosecution evidence. From the above facts, it can be concluded that the chances of conclusion of the trial against the applicant in near future are not so bright, as such no useful purpose would be served by keeping him in judicial custody. 13. Moreover, the applicant cannot be kept in judicial custody, that too, for indefinite period, as pre­trial punishment is prohibited under the law. 14. Moreover, the applicant is permanent resident of District Kangra, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. 15. The contraband, allegedly recovered, in this case, from the possession of the applicant, does not fall within the category of commercial quantity, as such, rigors of Section 37 of ND&PS Act, are not applicable, in the present case. 16. 15. The contraband, allegedly recovered, in this case, from the possession of the applicant, does not fall within the category of commercial quantity, as such, rigors of Section 37 of ND&PS Act, are not applicable, in the present case. 16. So far as the other apprehensions are concerned, for those apprehensions, reasonable conditions can be imposed in case the applicant is ordered to be released on bail. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 18. Consequently, the applicant is ordered to be released, on bail, in case FIR No. 144/2024, dated 23.11.2024, registered under Section 21 of the ND&PS Act, with Police Station Damtal, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 1,00,000/­, with two sureties of the like amount, to the satisfaction of the learned trial Court. 19. This order, however, shall be subject to the following conditions:­ “a) The 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 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.” 20. 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. 21. It is made clear that the respondent­State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub Jail Nurpur, District Kangra H.P. through e­mail, with a direction to enter the date of grant of bail in the e­prison software. 23. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub Jail Nurpur, District Kangra H.P. through e­mail, with a direction to enter the date of grant of bail in the e­prison software. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Sub Jail Nurpur, District Kangra H.P., is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of Jail, Sub Jail Nurpur, District Kangra H.P. 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.