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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Nihal Manchanda – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Nihal Manchanda, 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.186 of 2024, dated 21.11.2024, registered, under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), with Police Station Nagrota Bagwan, District Kangra, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case.
3. The applicant has termed the case of the police as false, concocted and frivolous. According to him, nothing has been recovered from his possession. Presently, the applicant is stated to be in judicial custody from 21.11.2024.
4. It is the further case of the applicant that investigation in the present case is complete.
5. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings, to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail.
6. The applicant has tried
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....
The presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
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's possession of a non-commercial quantity of narcotics allows for bail, emphasizing the presumption of innocence and the prohibition of pre-trial punishment.
The court ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
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.
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, emphasizing the presumption of innocence and the lack of necessity for continued custody after investigation completion.
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.
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