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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Virender Singh, J
Trilok Negi – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. grounds for bail application (Para 5 , 6) |
JUDGMENT :
Virender Singh, J.
Applicant-Trilok Negi, 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, in case FIR No.224 of 2024, dated 20.12.2024, registered under Sections 21 and 29 of the Narcotic Drugs & PsychotropicSubstances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Dhalli, District Shimla, H.P.
2. According to the applicant, he is innocent person and has nothing to do with the offence, for which, he has been named as accused.
3. As per the applicant, during investigation, the police could not collect any evidence, connecting the applicant with the commission of the alleged crime, for which, he has been arrested by the police.
4. It is the further case of the applicant that investigation, in the present case, is complete, as such, no useful purpose would be served by keeping him in judicial custody.
5. As per the applicant, he is the sole bread earner of his family and due to his incarceration, his family is at the verge of starvation.
6. The applicant has sought the
Concealment of prior criminal cases disqualifies an applicant from bail under the NDPS Act, despite the completion of the investigation.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
Pre-trial punishment is prohibited, and the presumption of innocence must be upheld, allowing bail when no commercial quantity of contraband is involved.
Bail must not be denied as a punitive measure; presumption of innocence prevails and applicants are entitled to bail as per parity with co-accused.
Co-accused's police custody disclosures inadmissible against applicant in NDPS cases; mere call detail records between co-villagers insufficient to deny bail; parity with released co-accused entitles....
Concealment of material facts in a bail application disqualifies an applicant from receiving bail, especially in drug-related offenses.
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 ruled that the applicant does not qualify as a habitual offender due to lack of conviction and granted bail based on parity with co-accused released earlier.
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.
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