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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Harsh Saini – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘ BNSS ’), applicant-Harsh Saini has sought his release, on bail, during the pendency of the trial, in case FIR No.03 of 2025, dated 09.01.2025, registered under Sections 21, 29 and 27A of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Theog, District Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in this case, for allegedly possessing 76.050 gms of heroin/chitta.
3. Applicant has also put forward his young age as one of the grounds, seeking relief of bail, by pleading that he is 20 years old and is preparing for NEET Examination, for the last two years.
4. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Rohru, District Shimla, Himachal Pradesh. However, the same was dismissed as withdrawn, vide order dated 21.01.2025.
4.1. Thereafter, the applicant had filed the second bail application, before the Court of lear
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 presumption of innocence remains until proven guilty, and the quantity of contraband does not invoke stringent bail conditions under the NDPS Act.
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 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 until conviction, and bail may be granted based on parity with co-accused and absence of commercial quantity of contraband.
The presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
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 bail cannot be denied as a form of punishment, emphasizing the presumption of innocence and the absence of commercial quantity in the contraband case.
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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