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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Deepak Sharma - Applicant
Versus
State of Himachal Pradesh - Respondent
Cr.MP (M) No. 456 of 2025
Decided On : 10-04-2025
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 27-A, and 29 - Bail application - Applicant seeks bail during trial for alleged involvement in drug trafficking - Contraband not recovered from applicant, but financial transactions with co-accused noted - Previous bail applications dismissed due to heinous nature of offence and commercial quantity involved - Court emphasizes the stringent conditions under Section 37 of NDPS Act for bail in cases involving commercial quantity. (Paras 1, 6, 14, 24, 34)
(B) Bail - Conditions for grant - Under Section 37 of NDPS Act, bail cannot be granted unless the Public Prosecutor is given an opportunity to oppose and the court is satisfied of the accused's non-guilt and likelihood of not committing further offences - Court finds no reasonable grounds for believing the applicant is not guilty. (Paras 11, 12, 19, 20)
(C) Parity - Previous bail granted to co-accused does not automatically entitle applicant to bail, especially when the legal provisions have not been adhered to. (Paras 23, 34)
Facts of the case:
The applicant, Deepak Sharma, is accused in a drug trafficking case under the NDPS Act, claiming innocence and lack of possession of contraband, with previous bail applications dismissed due to the nature of the offence and commercial quantity involved.
Findings of Court:
The court finds no grounds to grant bail, emphasizing the mandatory provisions of Section 37 of the NDPS Act and the serious nature of the charges.
Issues: The main issues include the applicability of Section 37 of the NDPS Act and whether the applicant meets the conditions for bail.
Ratio Decidendi: The court ruled that the stringent conditions of Section 37 of the NDPS Act apply, and the applicant failed to demonstrate reasonable grounds for believing he is not guilty.
Result: Bail application dismissed.
JUDGMENT :
Virender Singh, J.
Applicant-Deepak Sharma, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.50 of 2024, dated 19.09.2024, registered, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter referred to as the ‘NDPS Act’), with Police Station Kotkhai, District Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the above noted case.
3. As per the applicant, the contraband has not been recovered from his possession and he has solely been booked on the basis of the bank transaction with Shahi Mahatma, who has been stated to be the distributor of the drugs.
4. It is the further case of the applicant that he is working in a private firm and is used to consume the Chitta for his personal gain and he has nothing to do with the allegations, as alleged, against him.
5. According to the applicant, in case, his CDR is seen, he has no call history with the main accused or any kind of financial transaction. According to him, he is not having any criminal history.
6. The applicant has also tried his luck by moving similar application, before learned Special Judge, under ND&PS Act (C.B.I. Court), Shimla, however, his application was dismissed, vide order dated 24th January, 2025, on the ground that the applicant has committed heinous offence and quantity involved, in the present case, is commercial quantity. The applicant has also filed similar bail applications, on two occasions, which have been dismissed as withdrawn.
7. The applicant has given certain undertakings, for which, he is ready to abide by, in case, he is ordered to be released on bail.
8. On the basis of the above facts, Shri Ashok Sharma, Senior Advocate assisted by Mr. Vinod Chauhan, Advocate, has prayed that the applicant is also entitled to the relief of bail, as, his co-accused, in this case; namely, Neeraj Zilta and Kanwar Singh, have already been released on bail, by the Court of learned Special Judge-I, Shimla, on29.03.2025.
9. In addition to this, learned Senior counsel has also relied upon the decision of the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) Nos.16642 of 2023, titled as Shince Babu versus The State of Kerala & Another and has prayed that the application may kindly be allowed.
10. When put to notice, the police has filed the status report, disclosing therein, that on 18.09.2024, SI Mehar Chand, I.O. ANTF(FU) CID, along with other police official, left the office in official vehicle, bearing registration No.HP03C-5663, for patrolling duty and duty to detect the crime relating to narcotics, towards Dhalli, Theog, Kotkhai, Jubbal, and Kharapathar.
10.1. When, the I.O., along with other police official, was present at a place known as Kharapathar, then, he received a secret information regarding the fact that Muddasir Ahmad Mochi, son of Shri Mohammad Makbool, village Bhatpura, Post Office Sunitpura, Tehsil Karolpura, District Kupwara, Jammu and Kashmir, is travelling in a taxi No.HP01-A-5028, from Shimla to Rohru and he was having large quantity of Chitta/Heroin with him.
10.2. As per the information, he was going to Rohru, in order to sell the same to someone and in case, the said vehicle is intercepted and the bag of Muddasir Ahmad Mochi is searched, then, large quantity of Chitta could be recovered.
10.3. The said information was found to be authentic and reliable. As per the I.O., due to paucity of time, in case, he would have obtained search warrants, in that situation, the possibility of removal of the contraband was there. As such, the I.O. complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to his superior.
10.4. Thereafter, the I.O. put picketing between Kotkhai- Kharapathar and contacted Up Pradhan, Gram Panchayat, Darkoti Ramesh Chauhan on telep
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the Public Prosecutor is given an opportunity to oppose and the court is satisfied of the accused's non-guilt....
Bail in NDPS commercial quantity cases mandates court satisfaction of twin conditions under Section 37: reasonable grounds of non-guilt based on substantial evidence and no likelihood of reoffending;....
Rigors of Section 37 NDPS Act not applicable to interim bail even in commercial quantity cases; granted on medical grounds for addiction treatment and co-accused parity.
The court ruled that the applicant is entitled to bail under the NDPS Act as no strong evidence exists for continued detention, affirming that pre-trial punishment is impermissible.
Bail under NDPS Section 37 requires court satisfaction beyond prima facie that accused is not guilty and will not commit offence on bail; concealment of prior NDPS cases justifies rejection.
Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.
The court emphasized the mandatory conditions under Section 37 of the NDPS Act for granting bail, requiring reasonable grounds for believing the accused is not guilty and assurance against further of....
In NDPS commercial quantity cases, bail granted where accused involvement relies solely on co-accused's custodial disclosure statement, inadmissible under evidence law, satisfying Section 37 twin con....
The provisions of Section 37 of the NDPS Act are mandatory, requiring the court to find reasonable grounds that the accused is not guilty and unlikely to offend again for bail to be granted.
Commercial quantity NDPS bail mandates Section 37 twin conditions: reasonable grounds believing non-guilt and no reoffence likelihood on bail; procedural lapses insufficient for release.
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