IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Ifeanyi Frank – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Ifeanyi Frank, 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.73/2019, dated 20th September, 2019, registered with Police Station, Kandaghat, District Solan, H.P., under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and Sections 3 and 14 of the Foreigners Act.
2. According to the applicant, he has falsely been named and arrested, in the present case.
3. As per the applicant, he is innocent person and has falsely been implicated, in this case, as, he has nothing to do with the alleged offence.
4. It is the further case of the applicant that the police has recovered 52.60 grams of Chitta/Heroin, from one Wasudhir and on the disclosure statement of said Wasudhir, applicant was arrested on 24.09.2019. Further, there was alleged recovery of 14.3 grams of Heroin from Delhi.
5. According to the applicant, he has applied for regular bail, before the learned Special Judge, Solan, which was rejected and ther
Non-compliance with bail conditions in non-bailable offences under the NDPS Act justifies dismissal of bail applications.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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.
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 applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
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 court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
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; bail may be granted when the contraband does not constitute commercial quantity, ensuring the applicant's rights are protected.
Bail can be granted to women under NDPS provisions when charges do not involve commercial quantities and sufficient conditions are set to ensure judicial process integrity.
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