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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Jermanjeet Kaur – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. The above named applicants have filed these applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') with a prayer to release them on bail, during the pendency of trial, in case FIR No.17 of 2025, dated 22.01.2025, registered, under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the ‘NDPS Act’), with Police Station, Dharamshala, District Kangra, H.P.
2. According to the applicants, they are innocent persons and have falsely been implicated by the Police in the present case and presently, they are in judicial custody.
3. Both the applicants have put forward the fact that except the present case, no other case has been registered against them.
4. Applicant Ayush Soni has asserted the fact that he is working in Merchant Navy and in the month of May, 2024, returned back to India. Thereafter, he was trying to get admission for higher education and transferred the amount of Rs.2,53,000/- to the account of his co-accused.
5. It is the further case of the applicants that the investigation, in the present case, is complete and no useful purpose
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 applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
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 court ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
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 established that pre-trial detention is prohibited as punishment, and bail should not be denied based on prior unconvicted allegations, especially when no commercial quantity of narcotics i....
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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 court emphasized the presumption of innocence and the prohibition of pre-trial punishment, allowing bail based on the completion of investigation and parity with co-accused.
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