IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Devinder Singh @Deepu @Deepak Raghav – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Devinder Singh @Deepu @Deepak Raghav has sought his release, on bail, during the pendency of the trial, in case FIR No.118 of 2024, dated 05.09.2024, registered under Sections 21, 27A and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar, District Shimla, H.P.
2. According to the applicant, he has falsely been implicated, in the present case and has nothing to do with the offences, for which, he has been arrested.
3. Investigation, in the present case, is stated to be completed and the charge-sheet is also stated to have been filed, in the competent Court of law.
4. As per the applicant, the police could not collect the evidence, connecting him with the crime in question.
5. Applicant has also pleaded that the following cases hav e also been registered against him:-
i. FIR No.147/2018 dated 18.07.2018, under Section 21 of NDPS Act, with PS Sadar.
ii. FIR No.201/2018 dated 29.09.2018, under Sections 279 and 337 of IPC, with PS Dhalli.
i
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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 court ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
The presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
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 presumption of innocence remains until conviction, and bail may be granted based on parity with co-accused and absence of commercial quantity of contraband.
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 court emphasized the need for full disclosure of prior offenses in bail applications, balancing individual liberty with societal safety.
The presumption of innocence remains intact despite the registration of a case, and bail is granted when the contraband does not meet the commercial quantity threshold.
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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