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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Manish Kashyap – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Manish Kashyap has sought his release, on bail, during the pendency of the trial, in Case FIR No. 130 of 2024, dated 20.11.2024, registered under Sections 21 and 29 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 the present case and has been arrested by the police.
3. As per applicant, investigation, in the present case, is complete and according to him, no useful purpose would be served by keeping him in the judicial custody.
4. In addition to this, the applicant has also given the details of the case, which has been registered against him, apart from the present case, by submitting that FIR No.107/2024 dated 14.08.2024, under Sections 21, 29 and 27A of NDPS Act, has already been registered against him. However, according to him, he has not been convicted by the competent Court of law, in the above-noted case.
5. Accor
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 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 ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
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.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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 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.
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 court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
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