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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Rahul Thakur – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Virender Singh, J.)
The applicant has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) in case FIR No. 116 of 2024, dated 6.7.2024, under Sections 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act”) registered with Police Station Sadar Solan, District Solan, H.P.
2. According to the applicant, he has been falsely implicated in the present case, as he is an innocent person and has nothing to do with the case.
3. Applicant has further pleaded that he is in judicial custody w.e.f. 6.7.2024. As such, it cannot be inferred that his custody is any longer required by the Police.
4. The applicant has averred that he permanent resident of District Mandi, H.P.
5. The applicant had earlier tried his luck, by moving bail application No. 103-S/22 of 2024, before the learned Special Judge-II, Solan, District Solan, H.P. which was dismissed, on 6.8.2024.
6. Thereafter, he has moved another bail application bearing No. 91-S/22 of 2024, before the Court of learned Addl. Sessions Judge, Fast Track Special Court (POCSO), Solan, H.P., which was dismissed on 10
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 granted bail, emphasizing the presumption of innocence and the lack of necessity for continued custody after investigation completion.
The court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
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....
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, and non-commercial quantity of contraband allows for bail under NDPS Act.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
Pre-trial punishment is prohibited; bail may be granted when the contraband does not constitute commercial quantity, ensuring the applicant's rights are protected.
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 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 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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