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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Bhola Dutt Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi, J.
The present bail petition has been filed under Section483 of the BNSS for grant of regular bail, in FIR No.187 of 2024, dated 08.08.2024, registered at Police Station Bhunter District Kullu, H.P. under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act.
2. Status report filed, the same is taken on record. Copy whereof supplied to learned counsel appearing on behalf of the petitioner.
3. I have heard learned counsel for the parties. Perused the record and the status report.
4. On 08.08.2024, a police party led by ASI Netar Singh was on patrol duty. At about 2.00 P.M., ASI Netar Singh received a secret information that one individual named Parvesh belonging to Ludhiana (Punjab) has brought huge quantity of heroin from Punjab and is staying in the house of Khem Raj.
5. As per the secret information received, Khem Raj and the present bail petitioner had come to purchase heroin. In the aforesaid circumstances as per the secret information received, if the rented premises of Parvesh was to be raided immediately, then huge cache of heroin could be recovered.
6. The aforesaid secret information was found to be well founded. The same was redu
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial, not serve punitive purposes.
Personal liberty is a fundamental right; bail is granted to ensure attendance at trial, not as a punitive measure.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
The court ruled that the rigours of Section 37 of the NDPS Act do not apply to the petitioner as the quantity of heroin is intermediate, allowing for bail under reasonable conditions.
The court ruled that bail should be granted when no contraband is found in possession, emphasizing the presumption of innocence and the need for a direct nexus between the accused and the alleged cri....
The court emphasized that bail is a means to secure attendance at trial, and personal liberty should only be curtailed when necessary, reflecting the presumption of innocence.
In NDPS cases with intermediate narcotic quantity, Section 37 rigours inapplicable; regular bail granted on parity with co-accused, trial delay, and prolonged detention, upholding bail as rule absent....
The court grants bail, stating that the NDPS Act's provisions do not apply due to the nature of the seized drugs and custody duration.
The court considered the petitioner's residency, completion of investigation, and willingness to abide by bail conditions in granting bail under Section 439 of the Code of Criminal Procedure.
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