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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sushil Kukreja, J
Jitender @ Sonu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sushil Kukreja, J.
By way of instant petition, filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS), the petitioner is seeking bail in case F.I.R. No. 98/2023, dated 01.05.2023, registered at Police Station Sadar, District Bilaspur, H.P., under Sections 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS Act”).
2. The prosecution story, in brief, is that on 30.04.2023, the police party had laid a nakka at Nauni Chowk for traffic checking. At about 11:10 P.M., they noticed a car, bearing registration No. HR11L-0234, coming from Bilaspur side, which was signaled to stop and the driver was asked to show the documents of the vehicle. He was looking perplexed and making lame excuses alongwith the person sitting on co-driver seat. On suspicion, the police associated one independent witness Pritam Singh as well as Constable Ankit Kumar No. 348 and Constable Amit Kumar No. 304 as witnesses in the proceedings, in whose presence, the driver of the vehicle disclosed his name as Jitender (petitioner herein) and the person sitting on co-driver seat of the vehicle disclosed his name as Vikas. The
Bail cannot be granted under Section 37 of the NDPS Act for commercial quantity possession unless specific conditions are met, particularly if the public prosecutor opposes the application.
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 cannot be granted unless there are reasonable grounds to believe 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 unlikely to commit further offences.
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 judgment established that the prolonged incarceration and the absence of criminal antecedents can be considered in granting bail under Section 37 of the NDPS Act, even in cases involving commerci....
Courts must explicitly record twin satisfaction under NDPS Act Section 37(1)(b)(ii) for bail in commercial quantity cases; non-recording is jurisdictional defect rendering order unsustainable, even c....
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.
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 the mandatory conditions under Section 37 of the NDPS Act must be satisfied for bail, particularly in cases involving commercial quantities of contraband.
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