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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Vishal Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner, Vishal Sharma [being in custody14.09.2023] has come up before this Court seeking regular bail under Section 439 of the Code of Criminal Procedure [hereinafter referred to as Cr.P.C] originating from F.I.R. No. 148 of 2023 dated 14.09.2023 under Section 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act) registered with Police Station Majra, District Sirmour, H.P.
FACTUAL MATRIX
2. Case set up by Mr. K.S.Gill, Learned Counsel for the bail petitioner [Vishal Sharma] is that on 14.09.2023 police party received an information at about 10.20 a.m that a White Creta Hundai Car bearing registration No. HR14P-9300 was carrying contraband. On receipt of information, Nakka was laid at about 11.15 a.m at NH-07 near HPCL Petrol Pump when car HR14P-9300 being driven by accused Jitender (driver) was intercepted by the patrolling party and Poppy husk/Chura Post weighing 54.402 Kg was recovered from gunny bags in the car. Consequently, other codal formalities were completed and the bail petitioner Vishal Sharma alongwith other co-accused, namely, Jitender [driver], Shambhu Lal and Sattu Joggi were arrested by police
The court reinforced that bail serves to protect an individual's personal liberty, particularly when prolonged detention without trial raises constitutional concerns under Article 21, emphasizing the....
Prolonged incarceration without trial infringes the fundamental right to personal liberty under Article 21, requiring bail to be granted in cases of no substantive evidence against the accused and ex....
Prolonged incarceration without trial violates personal liberty; bail is granted when no reasonable grounds exist for guilt.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
Prolonged pre-trial detention without a clear and prima facie case warrants bail under the NDPS Act, emphasizing the right to personal liberty.
Bail is granted when no prima facie case exists against the accused, emphasizing the right to personal liberty under Article 21, especially during prolonged incarceration and delay in trial.
Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Under prolonged detention circumstances, bail should be granted if no reasonable grounds exist to believe in the guilt of the accused, respecting Article 21 rights.
Prolonged pre-trial incarceration may justify bail under NDPS Act when there is no substantial evidence against the accused and the right to personal liberty under Article 21 is violated.
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