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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Virender Singh, J.
Sahil Kumar - Applicant
Versus
State of H.P. - Respondent
Cr. MP(M) No. 438 of 2025
Decided On : 19-03-2025
(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Narcotic Drugs and Psychotropic Substance Act - Sections 20, 25 and 29 - Bail application - Applicant claims innocence and argues that the prosecution's case is improbable and the conditions of Section 37 of the NDPS Act do not apply. Court finds that the contraband recovered is of commercial quantity, thus invoking Section 37's rigors, which require satisfaction of twin conditions regarding the applicant's guilt and likelihood of reoffending while on bail. Court cites precedent to emphasize that reasonable grounds must be established to believe the accused is not guilty. (Paras 1-15)
(B) Bail - Conditions - The court must assess whether there are reasonable grounds for believing the accused is not guilty and whether he is likely to commit further offences while on bail. (Paras 8-10)
Facts of the case:
The applicant was arrested in connection with a drug-related offence, with the police alleging he was involved in facilitating the sale of narcotics. The prosecution's case hinges on the recovery of a significant quantity of charas from a vehicle.
Findings of Court:
The applicant failed to meet the conditions set out in Section 37 of the NDPS Act for bail, as the court found no reasonable grounds for believing he was not guilty or that he would not reoffend.
Issues: Whether the applicant qualifies for bail under the stringent conditions of Section 37 of the NDPS Act.
Ratio Decidendi: The court reiterated that in cases involving commercial quantities of narcotics, bail is generally denied unless specific conditions are satisfied, emphasizing the need for substantial evidence of innocence.
Result: Bail application dismissed.
JUDGMENT :
Virender Singh, J.
Applicant Sahil 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. 133 of 2024, dated 10.11.2024, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND & PS Act), with Police Station, Damtal.
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. According to the applicant, story of the prosecution is highly improbable and rigors of Section 37 of the NDPS Act are not applicable in this case.
4. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail.
5. On these submissions, a prayer has been made to allow the bail application.
6. When put to notice, the police has filed the status report, disclosing therein, that on 10.11.2024, ASI Satinder Singh, I.O., CIA Staff, Nurpur has submitted a ruqua to Police Station, Damtal, disclosing therein that he alongwith other police officials was on patrolling duty, as well as, duty to detect the crime relating to excise and narcotics. When, the police party was conducting patrolling in Nurpur, Kandwal, Laudhwan, Bhadroya, Damtal and Milwan, and was present near Ranchi Mod, then, he received a secret information at about 6:00 p.m. that a vehicle No. JK-08L-1571 (White coloured Alto) was coming from Milwan side towards Pathankot, in which, Karanpreet Singh, S/o Ajeet Singh and Vishal Kumar, S/o Kamall Kishore were the occupants. As per the information, the aforesaid persons were indulged in the business of selling the charas/cannabis.
6.1 As per the informer, both the persons, namely, Karanpreet Singh and Vishal are very clever and they have sent Sahil Kumar (applicant), S/o Mehar Chand to conduct recce on his motorcycle, bearing No. JK-08N- 5726. The said information was found to be authentic and reliable and according to the I.O., in case of delay, the said contraband could have been removed, as such, he has complied with the provisions of Section 42(2) of the NDPS Act and submitted the ruqua to SDPO, Indora, through Const.Arun.
6.2 Thereafter, the picketing was put near grain market towards Gilwan with the help of other police officials. At that time, Incharge HHC Santosh Raj was apprised about the aforesaid fact and associated in the raiding party. In the meanwhile, I.O. noticed two persons coming from Damtal chowk side, who, on inquiry, disclosed their name as Mohan Singh, S/o Rasal Singh and Dharamvir, S/o late Sh. Subhash Chand. Both of them were apprised about the information and requested to associate the police party as independent witnesses. On the request of the I.O., they were ready to be independent witnesses. The I.O. started waiting for the aforesaid motor-cycle. At about 6:50 p.m., aforesaid motorcycle (blue and black coloured pulser) reached there. The I.O. signaled to stop the vehicle. After the motor-cycle, aforesaid Alto car was also coming, On seeing the motorcycle stopped by the Police, driver of the car had stopped the car at a distance of about 10 meters. HC Ranjit Singh was directed to be present near the motorcycle and rest of the police officials had overpowered the persons, traveling in the Alto car.
6.3 On inquiry, driver of the Alto car disclosed his name as Karanpreet Singh, whereas, the person sitting by his side disclosed his name as Vishal. The driver of the motor-cycle disclosed his name as Sahil Kumar (applicant).
6.4 All the three persons were apprised about the secret information. In the presence of the independent witnesses, the vehicle was searched. In the vehicle, a black coloured rucksack was found, which, on opening was found to
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to reoffend.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to reoffend.
The court emphasized that bail under the NDPS Act requires satisfying mandatory conditions, including reasonable grounds for believing the accused is not guilty and not likely to commit further offen....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and not likely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offenses.
The court emphasized the mandatory conditions under Section 37 of the NDPS Act for granting bail, requiring reasonable grounds for believing the accused is not guilty and assurance against further of....
The court emphasized the stringent conditions imposed by Section 37 of the NDPS Act for granting bail in cases involving commercial quantity of contraband, highlighting the need for reasonable ground....
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.
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