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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Deepak Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
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, h
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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