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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Pawan Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Pawan Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’), with a prayer to release him on bail, during the pendency of the trial, in case FIR No.180 of 2024, dated 06.11.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Kangra, District Kangra, H.P.
2. According to the applicant, he is innocent person and has falsely been named and arrested, in this case, for allegedly possession 26.10 grams of Chitta/Heroin.
3. As per the applicant, investigation, in this case, is complete and no useful purpose would be served, by keeping the applicant, in the judicial custody, as, there is no likelihood of conclusion of trial, against him, in near future. The applicant is stated to be in judicial custody for the last more than three months.
4. The applicant has also tried his luck, by moving a similar application, before the learned Special Judge-II, Kangra at Dharamshala, District Kangra, bearing Bail Application No.23 of 2025, however, the said application wa
The court ruled that the applicant's release on bail would pose a risk to society, given his history of drug-related offenses and the potential for recidivism.
The court established that pre-trial detention is prohibited as punishment, and bail should not be denied based on prior unconvicted allegations, especially when no commercial quantity of narcotics i....
The court ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
The presumption of innocence remains until proven guilty, and the quantity of contraband does not invoke stringent bail conditions under the NDPS Act.
Pre-trial punishment is prohibited, and the presumption of innocence remains until proven guilty, allowing bail when investigation is complete and no prior cases exist.
The court emphasized the need for full disclosure of prior offenses in bail applications, balancing individual liberty with societal safety.
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....
The court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
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 until conviction, and bail may be granted based on parity with co-accused and absence of commercial quantity of contraband.
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