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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Yog Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Yog Raj, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, in a case, arising out of FIR No.14/2023, dated 6th February, 2023, registered with Police Station Sadar, Patlikuhal, District Kullu, H.P., under Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).
2. According to the applicant, he has falsely been implicated, in this case, and wrongly arrested by the police, for allegedly possessing contraband (charas), weighing 2 kilogram and 49 grams.
3. As per the case of the applicant, the said contraband was recovered, on the basis of some prior information and the provisions of Sections 41 and 42 of the NDPS Act, have not been complied with.
4. It is the further case of the applicant that there is huge difference in the quantity allegedly recovered and the quantity received in SFSL, as such, the entire case of the prosecution comes under the cloud of suspicion.
5. As per the applicant, there is no legally admissible evidence, connecting the
The court held that bail for offences involving commercial quantities of narcotics requires strict adherence to Section 37 of the NDPS Act, emphasizing the necessity of satisfying specific conditions....
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 to believe the accused is not guilty and unlikely to commit further offences.
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 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 reoffend.
The court emphasized that the mandatory conditions under Section 37 of the NDPS Act must be satisfied for bail, particularly in cases involving commercial quantities of contraband.
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 for believing the accused is not guilty and unlikely to commit further offenses.
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