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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Anshul Rana – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J
All the petitions have been filed for seeking regular bail in the same FIR, hence, these are being taken up together for disposal by way of a common judgment.
2. The petitioners have filed the present petitions seeking regular bail. It has been asserted that the petitioners were arrested in connection with FIR number 107 of 2024, dated 14th August 2024, registered with Police Station Sadar Shimla for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioners are innocent, and they have nothing to do with the commission of a crime. They were arrayed as accused based on the financial transaction with the main accused. The police have completed the investigation, and no recovery is to be made from the petitioners. The petitioners would abide by the terms and conditions, which the Court may impose. Hence the petitions.
3. The petitions are opposed by filing status reports asserting that the police party was on patrolling duty on 13th August 2024. Secret information was received on 14th August 2024 at about 12:05 am that two persons staying in room number 101 of the Hotel Himacha
The absence of legally admissible evidence against the accused, particularly regarding organized crime, is crucial for granting bail under the Narcotic Drugs and Psychotropic Substances Act.
Insufficient evidence to connect petitioners to drug trafficking; financial transactions and co-accused statements inadmissible as evidence.
To establish organised crime under Section 111 of the BNS, more than one charge sheet must be filed against the accused within ten years; absence of such negates the offence.
Bail application – Organised Crime – To attract offence under Section 111 (1) of BNS it is imperative that a group of two or more persons indulge in any continuing unlawful activity prohibited by law....
The court upheld the retrospective application of the B.N.S. provisions, confirming that prior charge sheets and cognizance taken are sufficient to establish cognizable offences under organized crime....
To classify offences under organised crime, there must be admissible evidence of unlawful activity, which the petitioners lacked, justifying the granting of pre-arrest bail.
The main legal point established in the judgment is the need to strictly construe the provisions of MCOCA, establish the mens rea, and consider the length of the period spent in custody and the unlik....
Bail – Merely because applicant was not named in FIR, such factor cannot in any manner influence discretion of Court to enlarge her on bail.
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