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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Abhilash Naraik – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, in case FIR No.47 of 2024, dated 13.09.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Kotkhai, District Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case.
3. According to the applicant, no recovery has been effected from him and the investigation, in the present case, is complete, as the police has submitted the charge-sheet against him, as well as, his co-accused, in the competent Court of law.
4. Applicant has also tried his luck, by moving similar Application, before the Court of learned Special Judge, Rohru, Camp at Theog, which were dismissed on 28.12.2024.
5. Apart from this, learned counsel appearing 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 o
The court emphasized the presumption of innocence and the prohibition of pre-trial punishment, allowing bail based on the completion of investigation and parity with co-accused.
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.
Bail should not be denied as punishment before trial; completion of investigation and absence of commercial quantity justify granting bail.
The presumption of innocence remains until proven guilty, and bail may be granted if the contraband does not meet the definition of commercial quantity under the NDPS Act.
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....
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 presumption of innocence remains until conviction, and bail may be granted based on parity with co-accused and absence of commercial quantity of contraband.
The presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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