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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
| Table of Content |
|---|
| 1. bail applications filed under relevant sections. (Para 1 , 2 , 3) |
| 2. arguments for bail based on innocence and completed investigation. (Para 4 , 5 , 10) |
| 3. court's observations on investigation and potential for re-offending. (Para 6 , 8 , 9) |
| 4. legal principles on presumption of innocence and pre-trial considerations. (Para 13 , 14 , 16) |
| 5. final decision to grant bail with specific conditions. (Para 18 , 19 , 22 , 23) |
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
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.
Bail granted in NDPS case for non-commercial quantity contraband; presumption of innocence upheld despite prior FIRs without conviction; parity with co-accused; no pre-trial punishment post charge-sh....
Concealment of prior criminal cases disqualifies an applicant from bail under the NDPS Act, despite the completion of the investigation.
Bail under NDPS Section 37 requires court satisfaction beyond prima facie that accused is not guilty and will not commit offence on bail; concealment of prior NDPS cases justifies rejection.
Bail in NDPS commercial quantity cases mandates court satisfaction of twin conditions under Section 37: reasonable grounds of non-guilt based on substantial evidence and no likelihood of reoffending;....
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.
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