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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
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/heroin, allegedly recovered from his possession, is 179.98 grams, whereas, the same has been found to be weighing 170.668 grams, in the laboratory.
4. It is the case of the applicant that he is a young man of 25 years and the sole bread earner of his family.
5. It is the further case of the applicant that he is having deep roots in the society, and except the present case, no other case has been registered against him.
6. According to the applicant, chances of conclusion of trial, against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keep
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.
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....
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.
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