IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Sagar Bhatti – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant Sagar Bhatti 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. 9 of 2025, dated 18.1.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Nagrota Bagwan, District Kangra, 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. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered from his possession.
4. According to the applicant, the contraband involved in the present case, does not fall within the definition of ‘commercial quantity’. As such, rigors of Section 37 of the NDPS Act are not application in this case.
5. The applicant has given the details of the criminal cases, which have been registered against him. The same are reproduced as under:
i) FIR No. 130
The court ruled that the contraband did not constitute 'commercial quantity', thus allowing bail under reasonable conditions despite the applicant's criminal history.
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.
The court ruled that possession of a non-commercial quantity of narcotics does not invoke the rigors of Section 37 of the NDPS Act, allowing for bail based on the presumption of innocence.
The court held that possession of contraband not classified as commercial quantity allows for bail, emphasizing the prohibition of pre-trial punishment.
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 court held that the applicant is entitled to bail as the quantity of contraband does not constitute commercial quantity, thus Section 37 of the NDPS Act is inapplicable, and the presumption of in....
The presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
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 ruled that the quantities of contraband did not meet the commercial threshold, allowing bail under the NDPS Act due to complete investigation and absence of further recovery.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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