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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Mukul Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. All the petitions have been filed for seeking regular bail in the same FIR; hence, these are being taken up together for disposal by way of a common judgment.
2. The petitioners have filed the present petitions seeking regular bail in FIR No. 107 of 2024, dated 14.8.2024, registered for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 111(2) of Bharatiya NayayaSanhita, (BNS), at Police Station, Sadar, Shimla, H.P. It has been asserted that the petitioners have been arrested based on the disclosure statements made by the co-accused, financial transaction with Sandeep Shah and call detail records. No recovery was made from the petitioners. The quantity of heroin stated to have been recovered in the present case is 6.038 grams, which is an intermediate quantity, and the rigours of Section 37 of the ND&PS Act do not apply to the present case. The petitioners are in custody, and no recovery is to be effected from them. The investigation is complete, and no fruitful purpose would be served by detaining the petitioners in custody. The petitioners would abide by the te
Insufficient evidence to connect petitioners to drug trafficking; financial transactions and co-accused statements inadmissible as evidence.
The absence of legally admissible evidence against the accused, particularly regarding organized crime, is crucial for granting bail under the Narcotic Drugs and Psychotropic Substances Act.
To establish organised crime under Section 111 of the BNS, more than one charge sheet must be filed against the accused within ten years; absence of such negates the offence.
Bail application – Organised Crime – To attract offence under Section 111 (1) of BNS it is imperative that a group of two or more persons indulge in any continuing unlawful activity prohibited by law....
The burden of proof lies on the petitioners to show innocence in narcotics cases; possession of drugs and financial transactions create a prima facie case against bail eligibility.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the gravity of drug trafficking offences and the legislative intent to p....
Financial transactions and call detail records alone insufficient for prima facie NDPS involvement or financing under Section 27A; mere drug purchase not financing. Bail granted despite prior offence....
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