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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SUSHIL KUKREJA
Pawan Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sushil Kukreja, J.
Since both these petitions arise out of FIR No. 167/2022, dated 30.10.2022, they have been heard together and are being disposed of by this common order.
2. By way of instant petitions, filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners are seeking bail in case FIR No. 167/2022, dated 30.10.2022, registered at Police Station Bhawarna, District Kangra, H.P., under Sections 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS Act”).
3. The prosecution story, in brief, is that on 29.10.2022, at about 9:15 P.M., while police party was on routine patrolling duty at Drang, they received a secret information that one white colour Kiger car, without number plate, was parked in the pine forest on a link road adjacent to National Highway Praour, in which, one woman namely Bimla Devi and one man namely Pawan Kumar were sitting, who were in the process of selling charas/cannabis and if search of the said vehicle was conducted, huge quantity of charas/cannabis could be recovered. Accordingly, police party went in search of the aforesaid persons and at about 9:40 P.M., whe
Successive bail applications require substantial change in circumstances; without such change, they cannot be entertained.
The severity of allegations in a narcotics case prohibits bail unless substantial changes in circumstances are demonstrated, regardless of the length of pre-trial custody.
Successive bail applications require substantial change in circumstances; mere delay in trial does not suffice for bail in serious offenses.
Grant of bail under the NDPS Act requires meeting specific twin conditions, which were not satisfied, and mere delay in trial does not justify bail unless supported by substantial change in circumsta....
Successive bail applications require a material change in circumstances; mere delay in trial does not meet the statutory conditions for bail under Section 37 of the NDPS Act.
Successive NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such ....
A material change in circumstances is required for reconsideration of bail applications; otherwise, previous denials remain binding.
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