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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Sagar – 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-Sagar has sought his release, on bail, during the pendency of the trial, in case FIR No.7 of 2025, dated 07.01.2025, registered under Sections 20-61-85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Dharamshala, District Kangra, H.P.
2. According to the applicant, he has falsely been implicated, in the present case and has been arrested by the police with allegedly possessing 199 gms of charas.
3. As per applicant, he is in judicial custody and is no longer required by the police for investigation.
4. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-III, Kangra at Dharamshala, District Kangra, Himachal Pradesh. However, the same was dismissed vide order dated 18.01.2025.
5. Apart from this, Mr. Jeevan Kumar, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in cas
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 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 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 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 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 held that bail for offences involving commercial quantities of narcotics requires strict adherence to Section 37 of the NDPS Act, emphasizing the necessity of satisfying specific conditions....
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.
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 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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