Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Saurabh @ Charu – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
Applicant Saurabh @ Charu has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 34 of 2025, dated 24.1.2025, registered under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Baddi, District Solan, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police.
3. The applicant has tried his luck by moving bail application No. 51-NL/22 of 2025, before the Court of learned Special Judge, Nalagarh, District Solan, H.P., however, the same was dismissed on 25.2.2025.
4. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail.
5. On these submissions, a prayer has been made to allow the bail application.
7. When put to notice, the police has filed the stat
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.
Bail should not be denied as punishment before trial; completion of investigation and absence of commercial quantity justify granting bail.
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 court ruled that the contraband did not constitute 'commercial quantity', thus allowing bail under reasonable conditions despite the applicant's criminal history.
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.
The court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
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.
Bail cannot be denied based on punishment; presumption of innocence prevails unless proven guilty, especially when the contraband does not meet the commercial quantity threshold.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
The court held that possession of contraband not classified as commercial quantity allows for bail, emphasizing the prohibition of pre-trial punishment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
