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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Varinder Kumar @ Bindu – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Virender Singh, J.)
Applicant Varinder Kumar @ Bindu has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the BNSS’), for releasing him, on bail, during the pendency of the trial, in case FIR No.125 of 2023, dated 15.9.2023, under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS’) registered with Police Station, Gagret, District Una, 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 nothing to do with the alleged offence.
3. As per the applicant, he is permanent resident of the address, as mentioned, in the application, and is having deep roots in the society.
4. It is the further case of the applicant that he was Chairman of the notified area Committee, Gagret and has close affinity with the former MLA of the constituency. These facts have been pleaded in order to show that being member of the party of opposition, he has been made scapegoat, by the Police and is being victimized.
5. According to the applicant, the alleged consignment was in the name o
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
Commercial quantity NDPS bail mandates Section 37 twin conditions: reasonable grounds believing non-guilt and no reoffence likelihood on bail; procedural lapses insufficient for release.
In NDPS commercial quantity cases, bail granted where accused involvement relies solely on co-accused's custodial disclosure statement, inadmissible under evidence law, satisfying Section 37 twin con....
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics invo....
Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.
NDPS Section 37 mandates twin conditions for bail in commercial quantity cases: reasonable grounds believing not guilty and unlikely to reoffend. Spot recovery memos signed by accused satisfy grounds....
The court emphasized stringent conditions under the NDPS Act for bail, requiring mandatory findings for release, particularly focusing on community safety and procedural compliance.
The provisions of Section 37 of the NDPS Act are mandatory, requiring the court to find reasonable grounds that the accused is not guilty and unlikely to offend again for bail to be granted.
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