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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Joginder Singh @ Rinku – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Joginder Singh @ Rinku, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the trial, in case FIR No.117 of 2024, dated 02.08.2024, registered under Sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Rohru, District Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, at the instance of Police, for allegedly possessing 15.15 grams of Chitta/Heroin.
3. As per the applicant, investigation in the present case is complete, as, the applicant is in judicial custody, for the last seven months. According to him, there is delay in the trial.
4. Applicant has also tried his luck, by moving similar application, before the Court of learned Special Judge, Rohru, District Shimla, H.P., however, the said application has been dismissed, vide order, dated 27th September, 2024.
5. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered
Concealment of material facts in a bail application disqualifies an applicant from receiving bail, especially in drug-related offenses.
The court ruled that possession of a non-commercial quantity of narcotics does not invoke the rigors of Section 37 of the NDPS Act, allowing for bail based on the presumption of innocence.
The presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
The court emphasized the need for full disclosure of prior offenses in bail applications, balancing individual liberty with societal safety.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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 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....
The court ruled that the presumption of innocence applies and the absence of a commercial quantity of contraband allows for bail under the NDPS Act.
The court established that pre-trial detention is prohibited as punishment, and bail should not be denied based on prior unconvicted allegations, especially when no commercial quantity of narcotics i....
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.
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