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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Anu – Appellant
Versus
State of Himachal Prades – 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-Anu has sought his release, on bail, during the pendency of the trial, in case FIR No.368 of 2024, dated 12.11.2024, registered under Sections 21, 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), Section 184 of the Motor Vehicles Act (hereinafter referred to as the ‘MV Act’) and Section 25-54- 59 of the Arms Act, with Police Station Una, District Una, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and wrongly arrested in the above-noted case. According to him, he has nothing to do with the offences, for which, he has been arrested by the police. Investigation of the case is also stated to be completed.
3. As per applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Una, District Una, Himachal Pradesh. However, the same was dismissed vide order dated 10.12.2024.
4. Apart from this, Mr. Mohit Jaitak, Advocate, appearing for the applicant, has given c
Bail cannot be denied based on punishment; presumption of innocence prevails unless proven guilty, especially when the contraband does not meet the commercial quantity threshold.
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 court ruled that the applicant is entitled to bail as the contraband does not meet the definition of 'commercial quantity', and pre-trial punishment is prohibited.
Pre-trial punishment is prohibited; bail may be granted when the contraband does not constitute commercial quantity, ensuring the applicant's rights are protected.
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....
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, and non-commercial quantity of contraband allows for bail under NDPS Act.
The court ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
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 court ruled that bail cannot be denied as a form of punishment, emphasizing the presumption of innocence and the absence of commercial quantity in the contraband case.
The court held that possession of contraband not classified as commercial quantity allows for bail, emphasizing the prohibition of pre-trial punishment.
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