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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Khem Raj – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Khem Raj has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), for releasing him on bail, during the pendency of trial, in NCB Crime No. 31 of 2022, dated 22nd April, 2022, registered with Police Station NCB Sub Zone, Mandi, District Mandi, H.P., under Sections 8, 20, 29 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’), on the ground that the present case is based on totally absurd, baseless and imaginary story, having no truth in it.
2. As per the applicant, he has no role in the commission of the alleged offence, for which, he has been arrested, in this case. According to him, he is a respectful person of the society and the recovery, in question has been planted against the applicant, as, nothing was recovered from him.
3. It has further been pleaded in the application that the applicant has falsely been implicated, in this case, on the basis of the confession statement of the main accused, recorded under Section 67 of the NDPS Act, which is not admissible as evidence and apart from the said statemen
The court emphasized that the mandatory conditions under Section 37 of the NDPS Act must be satisfied for bail, particularly in cases involving commercial quantities of contraband.
The court held that bail for offences involving commercial quantities of narcotics requires strict adherence to Section 37 of the NDPS Act, emphasizing the necessity of satisfying specific conditions....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to reoffend.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
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 that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and not likely to commit further offences.
Bail can be granted when the accused is a permanent resident, has no prior cases, and the contraband is non-commercial, ensuring conditions are met.
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....
The court ruled that the applicant is entitled to bail as the contraband does not meet the definition of 'commercial quantity', and pre-trial punishment is prohibited.
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