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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Jaswinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Jaswinder Singh, 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.90 of 2024, dated 28.10.2024, registered under Section 15 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Mehatpur, District Una, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and arrested, bythe Police, in the present case, for allegedly possessing25.240 kilograms of poppy husk.
3. It is the further case of the applicant that the contraband allegedly shown to be recovered from the possession of the applicant, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the NDPS Act are not applicable in the present case.
4. The applicant is stated to be in the judicial custody, as, after completion of investigation, the Police has filed the charge-sheet against him.
5. According to the applicant, the chances of conclusion of trial against the applicant in near future are not so bright, as such,
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.
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 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 ruled that the applicant's possession of contraband did not constitute a commercial quantity, allowing bail under conditions, emphasizing the presumption of innocence and prohibition of pre....
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 ruled that the applicant is entitled to bail as the quantity of contraband does not meet the commercial threshold, and pre-trial punishment is prohibited.
The court held that the absence of commercial quantity under the NDPS Act allows the presumption of innocence, permitting bail despite prior pending cases.
The court granted bail based on the non-commercial quantity of contraband and the applicant's presumption of innocence, emphasizing the need for judicial discretion in bail matters.
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