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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
State of Himachal Pradesh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicants, have filed the above titled applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ' BNSS '), with a prayer to release them on bail, in case FIR No.47 of 2024, dated 13.09.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Kotkhai, District Shimla, H.P.
2. According to the applicants, they are innocent persons and have falsely been implicated, in the present case.
3. According to the applicants, no recovery has been effected from them and the investigation, in the present case, is complete, as the police has submitted the charge-sheet against them, in the competent Court of law.
4. Applicants have also tried their luck, by moving similar Applications, before the Court of learned Special Judge, Rohru, Camp at Theog, which were dismissed on 2012.2024.
5. Apart from this, learned counsel appearing for the applicants, have given certain undertakings, on behalf of the applicants, for which, the applicants are ready to abide by, in case, ordered to be released, on bail, during the pendency
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.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
Concealment of prior criminal cases disqualifies an applicant from bail under the NDPS Act, despite the completion of the investigation.
The court established that pre-trial detention is prohibited as punishment, and bail should not be denied based on prior unconvicted allegations, especially when no commercial quantity of narcotics i....
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the Public Prosecutor is given an opportunity to oppose and the court is satisfied of the accused's non-guilt....
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 court ruled that the applicant is entitled to bail under the NDPS Act as no strong evidence exists for continued detention, affirming that pre-trial punishment is impermissible.
The court ruled that the presumption of innocence applies and the absence of a commercial quantity of contraband allows for bail under the NDPS Act.
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