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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Rakesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Rakesh Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ' BNSS '), with a prayer to release him on bail, during the pendnecy of trial, arising out of FIR No.105 of 2024, dated 25.04.2024, registered under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Nalagarh, District Solan, H.P.
2. According to the applicant, he has been named as accused and arrested by the Police in the said case on 25.04.2024.
3. As per the applicant, he has no connection with the contraband shown to be recovered by the Police, in this case.
4. The applicant has termed the FIR registered against him, as false, registered, on the basis of concocted facts, by asserting the fact that he is an innocent person.
5. It is the further case of the applicant that investigation, in the present case, is complete, as the Police has filed the charge-sheet against him, which is pending in the Court of learned Sessions Judge, Solan. Hence, his custodial interrogation is no longer required.
6. Apart from this, the applicant,
The classification of contraband as commercial quantity under the NDPS Act necessitates a higher threshold for bail, impacting the applicant's eligibility for release.
Possession of contraband classified as 'commercial quantity' under the NDPS Act justifies denial of bail, invoking strict legal provisions.
The court ruled that the quantities of contraband did not meet the commercial threshold, allowing bail under the NDPS Act due to complete investigation and absence of further recovery.
The court ruled that possession of a non-commercial quantity of narcotics does not invoke the rigors of Section 37 of the NDPS Act, allowing for bail based on the presumption of innocence.
The court ruled that the contraband did not constitute 'commercial quantity', thus allowing bail under reasonable conditions despite the applicant's criminal history.
The court held that bail for offences involving commercial quantities of narcotics requires strict adherence to Section 37 of the NDPS Act, emphasizing the necessity of satisfying specific conditions....
The court ruled that the applicant is entitled to bail as the contraband does not meet the definition of 'commercial quantity', and pre-trial punishment is prohibited.
The court held that possession of contraband not classified as commercial quantity allows for bail, emphasizing the prohibition of pre-trial punishment.
Bail granted in NDPS case involving non-commercial quantity contraband: Section 37 rigors inapplicable; presumption of innocence persists despite prior pending cases; no purpose in indefinite custody....
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