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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Subhkaran – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi, J.
The present bail petition has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail, arising out of FIR No.64/2024 dated 12.03.2024, registered at Police Station, Kangra, District Kangra, H.P., for an offence punishable under Sections 20, 29-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Status report perused. I have heard learned counsel for the parties.
3. The brief facts are that on 12.03.2025, the Police party while on patrolling, at about 2:30 in the night found a vehicle (Alto car) bearing number HP-76-5951 parked on the roadside of the Nagrota road towards Mattaur in front of the Toyota Agency. The interior lights of the vehicle were found to be on and four persons were sitting inside the vehicle. On seeing the Police vehicle, the persons sitting in the vehicle got nervous and the driver tried to start the vehicle. The Police party quickly took control of the vehicle. On questioning, it was found that the vehicle was owned by its driver Sukh Ram. The persons sitting on the front seat adjacent to the driver was named Bishan Dass. The other two persons sitting in the rea
The court emphasized the presumption of innocence and the necessity of judicial discretion in granting bail, particularly in cases involving commercial quantities of contraband.
The court emphasized that bail is a means to secure attendance at trial, and personal liberty should only be curtailed when necessary, reflecting the presumption of innocence.
Personal liberty is a fundamental right, and bail should be granted unless there are compelling reasons to deny it, especially in light of trial delays.
The court ruled that bail should be granted when no contraband is found in possession, emphasizing the presumption of innocence and the need for a direct nexus between the accused and the alleged cri....
Bail is granted when pre-trial incarceration is not justified, especially if no contraband is found in possession of the accused, emphasizing the presumption of innocence.
Bail cannot be granted under Section 37 of the NDPS Act for commercial quantity possession unless specific conditions are met, particularly if the public prosecutor opposes the application.
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
Personal liberty is a fundamental right, and bail should be granted unless necessary to ensure attendance at trial, with conditions imposed to prevent tampering with evidence.
The court ruled that the contraband did not constitute 'commercial quantity', thus allowing bail under reasonable conditions despite the applicant's criminal history.
The court ruled that the quantities of contraband did not meet the commercial threshold, allowing bail under the NDPS Act due to complete investigation and absence of further recovery.
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