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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Rakesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. investigation complete (Para 3) |
| 2. no useful purpose in custody (Para 4) |
JUDGMENT :
1. Applicant Rakesh Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 202 of 2024, dated 7.11.2024, registered under Sections 18 and 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ND & PS Act), with Police Station, Dharamshala, District Kangra, H.P.
3. The applicant has further pleaded that investigation, in the present case, is complete, as Police has submitted the charge-sheet against him.
5. The applicant has tried his luck by moving bail application bearing No. 5-D/XXII/2025, before the Court of learned Special Judge-II, Kangra at Dharamshala, District Kangra, H.P., however, the same has been dismissed, on 23.1.2025.
7. On these submissions, a prayer has been made to allow the bail application.
9. On seeing the Police, the aforesaid person, tried to flee away, whereas, two other persons were doing their work, as usual.
9.2 Thereafter, the I.O. prepared the ruqua and submitted the s
The court ruled that continued detention is unwarranted when investigation is complete and no prior cases exist against the applicant, emphasizing the presumption of innocence.
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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 ruled that the applicant's possession of poppy husk does not meet the commercial quantity threshold, allowing bail under stringent conditions.
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 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 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....
The court granted bail to young applicants under the NDPS Act, emphasizing their innocence, the absence of prior cases, and the completion of investigation, while imposing conditions to ensure compli....
The court held that the absence of commercial quantity under the NDPS Act allows the presumption of innocence, permitting bail despite prior pending cases.
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