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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Naman Katal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Applicant-Naman Katal, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ' BNSS '), with a prayer to release him on bail, in case FIR No.216 of 2024, dated 05.12.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Dhalli, District Shimla, H.P.
2. According to the applicant, he has falsely been named as accused and arrested, by the Police on 6.12.2024, in the present case, for allegedly possessing 7.47 grams of Chitta.
3. It is the further case of the applicant that he has no connection whatsoever, with the said contraband and is innocent person. He has termed the prosecution case as highly doubtful and improbable.
4. As per the applicant, the contraband allegedly shown to be recovered from the possession of the applicant, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case.
5. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered to
The court granted bail based on the non-commercial quantity of contraband and the applicant's presumption of innocence, emphasizing the need for judicial discretion in bail matters.
Bail can be granted when the accused is a permanent resident, has no prior cases, and the contraband is non-commercial, ensuring conditions are met.
The absence of 'commercial quantity' in drug possession negates the application of Section 37 of the NDPS Act, allowing for bail and preserving the presumption of innocence.
The court ruled that the applicant's possession of contraband did not constitute a commercial quantity, allowing bail under conditions, emphasizing the presumption of innocence and prohibition of pre....
Bail granted in NDPS case involving non-commercial quantity contraband: Section 37 rigors inapplicable; presumption of innocence persists despite prior pending cases; no purpose in indefinite custody....
The court held that the absence of commercial quantity under the NDPS Act allows the presumption of innocence, permitting bail despite prior pending cases.
Bail can be granted to women under NDPS provisions when charges do not involve commercial quantities and sufficient conditions are set to ensure judicial process integrity.
The court ruled that the applicant is entitled to bail as the quantity of contraband does not meet the commercial threshold, and pre-trial punishment is prohibited.
The court emphasized that the mandatory conditions under Section 37 of the NDPS Act must be satisfied for bail, particularly in cases involving commercial quantities of contraband.
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