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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Manoj Kumar @ Pathak – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Manoj Kumar @ Pathak has sought his release, on bail, during the pendency of the trial, in Case FIR No. 156 of 2024, dated23.09.2024, registered under Sections 20, 21, 25, 27 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Manali, District Kullu, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case and has been arrested by the police for allegedly possessing 112 gms of charas and 5 grams of chitta/heroin.
3. As per applicant, the contraband, allegedly recovered in the present case, does not fall within the definition of ‘commercial quantity’. As such, rigors of Section37 of the NDPS Act are not applicable, in this case.
4. It is the case of the applicant that in the present case, investigation is complete and charge-sheet has been submitted, before the Court of learned Additional Sessions Judge, Kullu, H.P.
5. According to the applicant, he had earlier tried his luck by m
The absence of 'commercial quantity' in drug possession negates the application of Section 37 of the NDPS Act, allowing for bail and preserving the presumption of innocence.
The court ruled that the applicant is entitled to bail as the quantity of contraband does not meet the commercial threshold, and pre-trial punishment is prohibited.
Bail can be granted when the accused is a permanent resident, has no prior cases, and the contraband is non-commercial, ensuring conditions are met.
The court held that the applicant is entitled to bail as the quantity of contraband does not constitute commercial quantity, thus Section 37 of the NDPS Act is inapplicable, and the presumption of in....
The court ruled that the applicant's possession of contraband did not constitute a commercial quantity, allowing bail under conditions, emphasizing the presumption of innocence and prohibition of pre....
The court held that the absence of commercial quantity under the NDPS Act allows the presumption of innocence, permitting bail despite prior pending cases.
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....
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 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 allowed bail for applicants, ruling that the alleged amount of contraband did not meet the definition of 'commercial quantity', and emphasized the presumption of innocence and potential adv....
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