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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Govind Singh – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 19 of 2025, dated 11.2.2025, registered under Section 29 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act”) with Police Station, Rampur Bushehr, District Shimla, H.P.
2. The applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case.
3. It is the case of the applicant that he has been falsely named as accused in this case, as he has nothing to do with this case.
4. On the basis of above facts, Mr. Sanjeev Bhushan, Senior Advocate, assisted by Mr. Sparsh Bhushan, Advocate, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS.
5. On 19.2.2025, while issuing notice to the respondent-State, interim protection was granted to the applicant and the matter was adjourned for
The court emphasized that bail should be denied when the applicant has a history of drug offenses, balancing individual liberty against societal safety.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
Bail granted in NDPS case involving non-commercial quantity contraband: Section 37 rigors inapplicable; presumption of innocence persists despite prior pending cases; no purpose in indefinite custody....
Bail must not be denied as a punitive measure; presumption of innocence prevails and applicants are entitled to bail as per parity with co-accused.
Pre-trial punishment is prohibited, and the presumption of innocence must be upheld, allowing bail when no commercial quantity of contraband is involved.
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 cannot be granted unless the Public Prosecutor is given an opportunity to oppose and the court is satisfied of the accused's non-guilt....
In NDPS commercial quantity cases, bail denied absent satisfaction of twin Section 37 conditions: reasonable grounds (substantial probable causes) for non-guilt and no likelihood of reoffending; fina....
Concealment of prior criminal cases disqualifies an applicant from bail under the NDPS Act, despite the completion of the investigation.
Bail in NDPS commercial quantity cases mandates court satisfaction of twin conditions under Section 37: reasonable grounds of non-guilt based on substantial evidence and no likelihood of reoffending;....
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