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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Krishan – 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-Krishan has sought his release, on bail, during the pendency of the trial, in case FIR No.24 of 2025, dated 02.02.2025, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and Section 111 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Palampur, District Kangra, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case.
3. It has been averred in the application that the applicant has no role to play in the commission of crime and nothing has been recovered from his possession.Investigation, in the present case, is stated to be completed.
4. It has been pleaded by the applicant in para No.12 of the bail application that he is also facing another case, under the provisions of NDPS Act, which is pending adjudication before the learned trial Court.
5. According to the applicant, he had earlier tried his luck by moving similar applic
The presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
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.
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 ruled that possession of a non-commercial quantity of narcotics does not invoke the rigors of Section 37 of the NDPS Act, allowing for bail based on the presumption of innocence.
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.
The court ruled that bail cannot be denied as a form of punishment, emphasizing the presumption of innocence and the absence of commercial quantity in the contraband case.
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....
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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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