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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Nitish Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. The above titled bail applications are being disposed of by a common order, as applicants have filed the present applications, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing them, on bail, during the pendency of the trial, in case FIR No. 295 of 2024, dated 26.12.2024, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND & PS Act), with Police Station, Sunder Nagar, District Mandi, HP.
2. The applicants have pleaded that they are innocent persons and have falsely been implicated in the present case, as they have no concern whatsoever with the offence, for which, they have been arrested, by the police.
3. The applicants have pleaded that the contraband, allegedly shown to be recovered from them, is 220 grams of heroin, which according to them, does not fall within the definition of ‘commercial quantity’.
4. Investigation, in the present case, is stated to be complete.
5. Apart from this, the applicants have sought indulgence of this Court on the ground that their industrial training is scheduled to be held w.e.f.4.1.2025
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 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 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 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 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....
Bail can be granted to women under NDPS provisions when charges do not involve commercial quantities and sufficient conditions are set to ensure judicial process integrity.
The court ruled that the applicant's possession of poppy husk does not meet the commercial quantity threshold, allowing bail under stringent conditions.
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 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 presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
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