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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Vijay Bihari – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. applicant seeks bail on grounds of false implication and lack of prior offenses. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. police outlines details of the investigation and applicant's involvement in narcotics. (Para 9) |
| 3. court details its reasoning against bail, citing applicant's previous cases and ongoing criminal activities. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court concludes denial of bail based on the applicant's activities and risk of re-offending. (Para 17) |
| 5. court clarifies observations made are limited to the bail application, not merit of the case. (Para 18) |
JUDGMENT :
Virender Singh, J.
Applicant Vijay Bihari has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 177 of 2023, dated 22.11.2023, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS’) registered with Police Station, Theog, District Shimla, H.P.
2. According to the applicant, he has falsely been implicated in this case.
3. As per the applicant, the quantity of chitta/
Non-disclosure of prior criminal activity and association with a drug trafficking gang warrant denial of bail despite claims of non-commercial drug quantity.
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 cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
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 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....
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.
Pre-trial punishment is prohibited, and the presumption of innocence must be upheld, allowing bail when no commercial quantity of contraband is involved.
Commercial quantity NDPS bail mandates Section 37 twin conditions: reasonable grounds believing non-guilt and no reoffence likelihood on bail; procedural lapses insufficient for release.
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 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....
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