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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Kapil Sawant – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Kapil Sawant, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ' BNSS '), with a prayer to release him 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 applicant, he is innocent person and has falsely been implicated, in the present case.
3. As per the applicant, no recovery has been effected from him and the investigation, in the present case, is complete, as the police has submitted the charge- sheet against the applicant, as well as, his co-accused, in the competent Court of law.
4. Applicant has also tried his luck, by moving similar application, before the Court of learned Special Judge, Rohru, Camp at Theog, which were dismissed on20.12.2024.
5. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail,
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
Pre-trial punishment is prohibited, and the presumption of innocence must be upheld, allowing bail when no commercial quantity of contraband is involved.
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.
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....
Concealment of prior criminal cases disqualifies an applicant from bail under the NDPS Act, despite the completion of the investigation.
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 presumption of innocence applies and the absence of a commercial quantity of contraband allows for bail under the NDPS Act.
The court emphasized the presumption of innocence and the prohibition of pre-trial punishment, allowing bail based on the completion of investigation and parity with co-accused.
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.
Co-accused's police custody disclosures inadmissible against applicant in NDPS cases; mere call detail records between co-villagers insufficient to deny bail; parity with released co-accused entitles....
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