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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Rishabh Negi – 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.51/2024 dated 16.12.2024, registered at Police Station, Deha, District Shimla, Himachal Pradesh, for an offence punishable under Sections 21 &29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. ASI Sheetal Prakash, I/O Police Station, Deha, District Shimla, is present along with record. Status report stands filed. The same is taken on record.
3. Status report perused. I have heard learned counsel for the parties.
4. The incident, in the case at hand is dated 16.12.2024. On the said date, the Police party concerned was on patrolling duty in an area Balag-Naina. One of the objective of the Police party was to check the drug menace in the aforesaid area. At about 8:15 a.m., Police party, in the case at hand reached Balag Nullah. At that particular point in time, one white coloured car was parked on the side of the road. The car was facing towards Sainj. The car was an Alto K10 make bearing number HP-10-1414. There were three people who were sitting inside the car.
5. Upon inquiry by
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.
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.
The court emphasized the presumption of innocence and the necessity of judicial discretion in granting bail, particularly in cases involving commercial quantities of contraband.
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.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
The court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
Bail cannot be denied as punishment; the absence of prior convictions and the nature of contraband are crucial in granting bail 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.
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