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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Sahil Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘BNSS’), applicant-Sahil Sharma has sought his release, on bail, during the pendency of the trial, in case FIR No.201 of 2024, dated 24.11.2024, registered under Sections 21, 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Kangra, District Kangra, H.P.
2. According to the applicant, he has falsely been implicated, in the present case and has been arrested by the police with allegedly possessing 5.30 gms of chitta/heroin and he has termed the case as false and connected one.
3. As per applicant, the investigation is complete and according to him, no useful purpose would be served by keeping him in the judicial custody.
4. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-II, Kangra at Dharamshala, District Kangra, Himachal Pradesh. However, the same was dismissed vide order dated 17.02.2025.
5. Learned counsel appearing for the applicant has submitted that even, on the
The court ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
The presumption of innocence remains intact despite multiple cases against the applicant, and bail is granted as the quantity of contraband does not constitute 'commercial quantity' under the NDPS Ac....
The presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
The court emphasized the presumption of innocence and the prohibition of pre-trial punishment, allowing bail based on the completion of investigation and parity with co-accused.
The presumption of innocence remains until conviction, and bail may be granted based on parity with co-accused and absence of commercial quantity of contraband.
The presumption of innocence remains until proven guilty, and bail may be granted if the contraband does not meet the definition of commercial quantity under the NDPS Act.
The court held that the applicant is entitled to bail as the quantity of contraband does not constitute commercial quantity, thus Section 37 of the NDPS Act is inapplicable, and the presumption of in....
The court established that pre-trial detention is prohibited as punishment, and bail should not be denied based on prior unconvicted allegations, especially when no commercial quantity of narcotics i....
The court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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