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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J.
Ashok Kumar - Applicant
Versus
State of Himachal Pradesh - Respondent
CrMP(M) No.444 of 2025
Decided On : 19-03-2025
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs & Psychotropic Substances Act - Sections 21, 29, 61, 85 - Bail application during trial - Applicant seeks bail on grounds of prolonged custody and completed investigation - Court emphasizes the applicability of Section 37, requiring satisfaction of twin conditions: (i) reasonable grounds for believing the accused is not guilty, and (ii) assurance of no further offences while on bail. (Paras 23, 24, 36)
(B) Bail - Conditions for grant - The court must ensure that the applicant has not committed the offence and is unlikely to commit further offences while on bail, especially in cases involving commercial quantities of narcotics. (Paras 24, 29)
(C) Previous cases - The court distinguishes the applicant's case from precedents based on differing facts, emphasizing the applicant's criminal history and the nature of the offence. (Paras 30, 31, 34)
Facts of the case:
The applicant was arrested for possession of 261 gms of heroin and has a prior case pending under the NDPS Act. Despite being in custody for 1 year and 7 months, charges have not been framed.
Findings of Court:
The applicant did not fulfill the twin conditions under Section 37 of the NDPS Act for bail.
Issues: The court addressed whether the applicant met the criteria for bail under Section 37 of the NDPS Act.
Ratio Decidendi: The court held that the applicant failed to demonstrate reasonable grounds for believing he is not guilty and that he would not commit further offences if released.
Result: Bail application dismissed.
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, District Kangra, H.P., in which, the police had allegedly shown the recovery of 10.84 gms of chitta/heroin from his possession. The said case is also stated to be pending adjudication in the competent Court of law and fixed for consideration on charge.
5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-II, Kangra at Dharamshala, District Kangra, Himachal Pradesh. However, the same was dismissed vide order dated 23.12.2023.
6. It is the case of the applicant that thereafter, he had tried his luck, before this Court, by moving CrMPs(M) No.210, 1849 and 2395 of 2024, which were dismissed as withdrawn, vide orders dated 29.02.2024, 29.08.2024 and 12.11.2024, respectively.
7. Learned counsel for the applicant has vehemently argued that keeping in view the period of custody of the applicant i.e. 1 year 7 months, the applicant is entitled for the relief, as claimed, in the application.
8. To buttress his contention, learned counsel for the applicant has relied upon the decisions of Hon’ble Supreme Court in Petition for Special Leave to Appeal (Crl) No.3961/2022, titled as ‘Abdul Majeed Lone Vs. Union Territory of Jammu and Kashmir’; Petition for Special Leave to Appeal (Crl) No.5769/2022, titled as ‘Nitin Adhikary @Bapan Vs. The State of West Bengal’; Criminal Appeal No.245/2020, titled as ‘Chitta Biswas @Subhas Vs. The State of West Bengal’; Petition for Special Leave to Appeal (Crl) No.5187/2021, titled as ‘Kulwant Singh Vs. The State of Punjab’; Criminal Appeal No.1570/2021, titled as ‘Mahmood Kurdeya Vs. Narcotics Control Bureau’; Petition for Special Leave to Appeal (Crl) No.5530/2022, titled as ‘Mohammad Salman Hanif Shaikh Vs. The State of Gujarat’; Criminal Appeal No.1169 of 2022, titled as ‘Gopal Krishna Patra @Gopalrusma Vs. Union of India’; Petition for Special Leave to Appeal (Crl) No.7115/2024, tilted as ‘Sohrab Khan Vs. The State of Madhya Pradesh’ and Petition for Special Leave to Appeal (Crl) No.4648/2024, tilted as ‘Ankur Chaudhary Vs. State of Madhya Pradesh’.
9. Learned counsel for the applicant has also relied upon the decisions of the Coordinate Bench of this Court in CrMP(M) No.586 of 2022, titled as ‘Mohan Kumar Vs. State of Himachal Pradesh’, Neutral Citation No.2022 HHC 5832; CrMP(M) No.1592 of 2021, titled as ‘Raj Kumari Vs. State of Himachal Pradesh’, Neutral Citation No.2021 HHC 8883 and CrMP(M) No.1462 of 2024, titled as ‘Tilak Raj Vs. State of Himachal Pradesh’, Neutral Citation No.2025 HHC 2996.
10. Apart from this, learned counsel for the applicant has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.
11. On the basis of the above
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....
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.
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.
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