IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Ranjan Sharma, J
Sonu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner [Sonu], being in custody since 20.11.2023 has come up before this Court, seeking regular bail, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , (referred to as BNSS ) originating from FIR No. 152 of 2023 dated 20.11.2023, registered at Police Station Gagret, District Una, [H.P.], under Section 21, 25 , 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).
FACTUAL MATRIX
2. Case set up by Learned Senior Counsel, is that on 20.11.2023, while the police party was on patrolling in Banne Di Hatti area on the main road to Gagret near Industrial Area, Ambota, they received a secret information at 3:50 pm, that a person sitting on the driver seat in vehicle was carrying huge quantity of contraband, beneath the driver’s seat. On reaching, the spot at about 5:15 pm, the police, on disclosure of their identity, found the bail petitioner [Sonu] to be sitting on the driver’s seat. Thereafter, vehicle was searched and a polythene bag was found, containing two other plastic bags, one containing red coloured plastic polythene containing yellowish wet material and in the other transparent plastic envelope
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Bail is a rule and jail is an exception; prolonged detention without trial violates personal liberty under Article 21 of the Constitution.
Bail is a rule and jail is an exception; personal liberty under Article 21 cannot be curtailed without substantial evidence, especially in cases of prolonged detention without trial.
Bail is a rule, and denial of bail without sufficient grounds infringes personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Bail is a rule and jail is an exception; prolonged detention without trial infringes personal liberty under Article 21.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
Prolonged pre-trial incarceration may justify bail under NDPS Act when there is no substantial evidence against the accused and the right to personal liberty under Article 21 is violated.
Bail is granted when no prima facie case exists against the accused, emphasizing the right to personal liberty under Article 21, especially during prolonged incarceration and delay in trial.
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
Under prolonged detention circumstances, bail should be granted if no reasonable grounds exist to believe in the guilt of the accused, respecting Article 21 rights.
Bail granted in NDPS commercial quantity case: no recovery from petitioner, co-accused confession inadmissible, no prima facie guilt under Sec 37, prolonged 10-month incarceration with trial delay vi....
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