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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Saurav Phul alias Sonu - Applicant
Versus
State of H.P. - Respondent
Cr.MP(M) No. 108 of 2025
Decided On : 28-02-2025
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs & Psychotropic Substances Act - Section 20 - Bail application - Applicant sought bail on grounds of false arrest and lack of evidence - Police opposed bail citing commercial quantity of contraband - Court emphasized the necessity of satisfying twin conditions under Section 37 of NDPS Act for bail - No evidence presented to show applicant's innocence or likelihood of not committing further offences while on bail. (Paras 1, 17, 24, 28)
(B) Bail - Conditions for granting bail under NDPS Act - The court must be satisfied that there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences while on bail. (Paras 18, 20, 21)
Facts of the case:
The applicant was arrested for allegedly possessing charas weighing 1.237 Kg. He claimed false implication and lack of evidence, while the police maintained the contraband was of commercial quantity. (Paras 2, 4, 16)
Findings of Court:
The applicant failed to meet the twin conditions required for bail under Section 37 of the NDPS Act, leading to the dismissal of the bail application. (Paras 28, 29)
Issues: Whether the applicant could be granted bail despite the serious nature of the charges and the evidence presented against him. (Paras 17, 28)
Ratio Decidendi: The court ruled that the applicant did not satisfy the necessary conditions for bail under the NDPS Act, emphasizing the importance of public safety and the serious implications of drug-related offences. (Paras 18, 20, 28)
Result: Bail application dismissed.
JUDGMENT :
Virender Singh, J.
Applicant-Saurav Phul @Sonu has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of the trial, in case FIR No.15 of 2024, dated 30.01.2024, registered under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Ghumarwin, District Bilaspur, H.P.
2. The relief of bail has been sought on the ground that the police of Police Station Ghumarwin has falsely arrested the applicant for allegedly possessing charas weighing 1.237 Kg.
3. According to the applicant, the investigation is complete and the police has filed the charge sheet, upon which, the competent Court of law has taken the cognizance and case is now stated to be fixed for PWs.
4. As per the applicant, he has falsely been implicated and arrested in this case, as no evidence is there to connect him with the alleged crime, for which, he has been arrested.
5. The applicant has also sought the relief of bail on the ground that he is in judicial custody for the last more than one year and is the only bread earner of his family.
6. Apart from this, learned counsel appearing on behalf of the applicant, in order to show that there is no evidence connecting the applicant with the crime, for which, he has been arrested, has also highlighted the fact that the sole independent witness, which has allegedly been associated by the IO, when appeared in the witness box, has turned hostile.
7. Besides this, it has also been argued that there is undue delay in the trial and due to the fact that the applicant is in judicial custody, now his entire family is at the verge of starvation, as, there is no one to look after them.
8. To buttress his contentions, learned counsel appearing for the applicant has relied upon the decisions of this Court in Cr.MP(M) No.1146 of 2023, titled as Rakesh Kumar versus State of H.P., decided on 29.05.2023, Cr.MP(M) No.2772 of 2022, titled as Sarbdyal versus State of H.P. decided on 03.01.2023 and Cr.MP(M) No.62 of 2023, titled as Puran Chand versus State of H.P. decided on 04.03.2023.
9. On the basis of the above facts, a prayer has been made to release the applicant on bail by allowing the present application.
10. The applicant had also tried his luck by moving similar application before the Court of learned Special Judge, Ghumarwin, District Bilaspur, H.P., however, the same was dismissed vide order dated 08.05.2024.
11. When put to notice, the police has filed the status report disclosing therein that on 30.01.2024, Inspector Incharge, Police Station Ghumarwin, along with the other police officials, was on patrolling duty. While on patrolling and traffic checking duty, when they were present at a place near Rohin Four Lane and were checking the traffic, then at about 03.15 PM., a Maruti Car, bearing registration No.HP-03C-5686, being driven by its driver came there from Baloh side. The driver was driving the said vehicle towards Baged(Bilaspur). Another Car bearing No.PB-09K1330 being driven by its driver was also following the said Car. Both the vehicles were stopped for traffic checking.
12. It has been mentioned in the status report that the driver of vehicle No.HP-03C-5686, on inquiry, disclosed his name as Saurav Phul (applicant). His driving license was also checked. When the documents of the said vehicle were demanded then, he made efforts to cover a yellow envelope with the help of cloth, which was there in the vehicle near the gear liver. Meanwhile, driver of vehicle bearing No.PB-09K1330 also came there to get the documents of his vehicle checked. In his presence, Investigating Officer inquired about the yellow coloured carry bag from the applicant, upon which, he became perplexed and could not give a satisfactory answer.
13. Thereafter, the drivers of 8-10 vehicles, which were stopped for checking, were requested to become the wi
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.
Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.
The court emphasized the stringent conditions imposed by Section 37 of the NDPS Act for granting bail in cases involving commercial quantity of contraband, highlighting the need for reasonable ground....
Bail in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds believing accused not guilty and unlikely to commit offence on bail; red-handed arr....
The court emphasized that bail under the NDPS Act requires satisfying mandatory conditions, including reasonable grounds for believing the accused is not guilty and not likely to commit further offen....
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 reoffend.
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 reoffend.
In NDPS commercial quantity cases, vehicle occupants known to each other prima facie deemed in conscious possession; bail requires satisfaction of Section 37 twin conditions despite hostile witness o....
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
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.
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