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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Naveen Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
Applicant Naveen Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 34 of 2025, dated 24.1.2025, registered under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Baddi, District Solan, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police.
3. According to the applicant, he belongs to a respectable family, as such, there is no likelihood of his jumping over the bail.
4. It is the case of the applicant that the challan has been filed in this case. As such, no useful purpose would be served by keeping the applicant in judicial custody.
5. The relief has also been sought on the ground of parity as his co-accused namely, Saurabh @ Charu has already been released on bail, vide order dated 1.4.2025, passed in Cr. M.P. (M) No. 648 of 2025, title
Bail should not be denied as punishment before trial; completion of investigation and absence of commercial quantity justify granting bail.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, and non-commercial quantity of contraband allows for bail under NDPS Act.
The presumption of innocence remains until proven guilty, and bail may be granted if the contraband does not meet the definition of commercial quantity under the NDPS Act.
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 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.
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....
The court held that possession of contraband not classified as commercial quantity allows for bail, emphasizing the prohibition of pre-trial punishment.
Bail cannot be denied based on punishment; presumption of innocence prevails unless proven guilty, especially 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 presumption of innocence remains until conviction, and bail may be granted based on parity with co-accused and absence of commercial quantity of contraband.
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