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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Abhishek Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Abhishek Singh, 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 pendency of trial, in case FIR No.100 of 2024, dated 07.12.2024, registered, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), with Police Station Mehatpur, District Una, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, for allegedly possessing 31.24 grams of Chitta/Heroin.
3. As per the applicant, he has nothing to do with the alleged offence, for which, he has been arrested by the police.
4. As per the applicant, investigation, in the present case, is complete and no useful purpose would be served by keeping him in the judicial custody.
5. The applicant has given the history of earlier case registered against him vide FIR No.138 of 2019, with Police Station Shambhu, District Patiala, Punjab and the copy of the same has also been annexed with the application.
6. The applicant has also tried his luck by moving similar application, b
The presumption of innocence remains until proven guilty, and the quantity of contraband does not invoke stringent bail conditions under the NDPS Act.
The court ruled that the applicant's possession of a non-commercial quantity of narcotics allows for bail, emphasizing the presumption of innocence and the prohibition of pre-trial punishment.
Pre-trial punishment is prohibited; bail may be granted when the contraband does not constitute commercial quantity, ensuring the applicant's rights are protected.
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....
Pre-trial punishment is prohibited, and the presumption of innocence remains until proven guilty, allowing bail when investigation is complete and no prior cases exist.
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 court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
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 intact despite the registration of a case, and bail is granted when the contraband does not meet the commercial quantity threshold.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, and non-commercial quantity of contraband allows for bail under NDPS Act.
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