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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Roshan Kumar Jha – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
The applicant has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) in case FIR No. 257 of 2022, dated 16.10.2022, under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as ‘the NDPS”) registered with Police Station, Boileauganj, Shimla, H.P.
2. According to the applicant, he has been falsely implicated in the present case, as he is an innocent person and has nothing to do with the case.
3. Applicant has further pleaded that investigation, in the present case, is complete and Police has filed the charge sheet. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the Police.
4. The bail has also been sought on the ground that there is no legal evidence against the applicant and he has falsely been implicated in this case by distorting the facts.
5. In addition to this, the plea of inordinate delay in trial has been put forward in this case, to get the relief. According to the applicant, he has been arrested on 16.10.2022 and there are 30 witnesses in this case, out
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to reoffend.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to reoffend.
The court emphasized that bail under the NDPS Act requires satisfying mandatory conditions, including reasonable grounds for believing the accused is not guilty and not likely to commit further offen....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and not likely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The court emphasized the mandatory conditions under Section 37 of the NDPS Act for granting bail, requiring reasonable grounds for believing the accused is not guilty and assurance against further of....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offenses.
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 emphasized the stringent conditions imposed by Section 37 of the NDPS Act for granting bail in cases involving commercial quantity of contraband, highlighting the need for reasonable ground....
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