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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Sudarshan – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
Applicant Sudarshan 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. 2 of 2025, dated 2.1.2025, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Bhunter, District Kullu, H.P.
2. The applicant has pleaded 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. It is the further case of the applicant that he has been arrested in the above noted case by the Police, for allegedly possessing 13 grams heroin/chitta. Investigation is stated to be completed, in the present case.
4. The applicant has asserted that he is permanent resident of the address, as mentioned in the application.
5. The applicant has tried his luck by moving bail application No. 26 of 2025, before the Court of learned Special Judge-I, District Kullu H.P., however, the same was dismissed, on 15.3.2025.
6. The appli
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 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.
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 until conviction, and bail may be granted based on parity with co-accused and absence of commercial quantity of contraband.
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.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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.
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