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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Ajay Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. claims of innocence (Para 2 , 5 , 6 , 7 , 8 , 12) |
| 2. deep roots in society (Para 3) |
| 3. contraband is non-commercial (Para 4) |
| 4. permanent resident (Para 9) |
| 5. trial not bright (Para 10) |
| 6. presumption of innocence (Para 11) |
| 7. bail application allowed (Para 13) |
| 8. bail granted with conditions (Para 14) |
| 9. conditions for bail (Para 15 , 16) |
| 10. liberty to respondent-state (Para 17) |
| 11. registry directed (Para 18) |
| 12. notification of release (Para 19) |
JUDGMENT :
Virender Singh, J.
Applicant Ajay Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS ’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 54 of 2024, dated 26.12.2024, registered under Section 20 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND & PS Act), with Police Station, Nerwa, District Shimla, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police.
3. It is the further case of the applicant that he is havin
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 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....
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 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.
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....
The court allowed bail for applicants, ruling that the alleged amount of contraband did not meet the definition of 'commercial quantity', and emphasized the presumption of innocence and potential adv....
The court granted bail to young applicants under the NDPS Act, emphasizing their innocence, the absence of prior cases, and the completion of investigation, while imposing conditions to ensure compli....
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.
The court ruled that the applicant's possession of poppy husk does not meet the commercial quantity threshold, allowing bail under stringent conditions.
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