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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Ashok Kumar – 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-Ashok Kumar has sought his release, on bail, during the pendency of the trial, in case FIR No.126 of 2023, dated 01.08.2023, registered under Sections 21, 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Damtal, District Kangra, H.P.
2. According to the applicant, he has falsely been arrested by the police, in this case, on 01.08.2023, for allegedly possessing contraband, weighing 261 gms of chitta/heroin.
3. As per applicant, investigation, in the present case, is complete and despite the fact that he is in custody for the last 1 year and 7 months, charges have not yet been framed. All these facts have been pleaded to show that the chances of conclusion of trial against the applicant, in near future, are not so bright.
4. According to the applicant, apart from the present case, another case has also been registered against him, vide FIR No.21/2019 dated 17.04.2019, under Section 21 of NDPS Act, with Police Station Damtal, Distr
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 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 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 unlikely to reoffend.
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 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 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....
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