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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
| Table of Content |
|---|
| 1. bail application filed stating innocence and no recovery. (Para 1 , 2 , 3) |
| 2. previous bail applications and undertakings mentioned. (Para 4 , 5 , 6) |
| 3. details of police investigation and evidence against the applicant. (Para 8) |
| 4. arguments regarding custody and potential for bail granted. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. conditions for bail and presumption of innocence. (Para 15 , 16 , 17) |
| 6. bail application allowed; stipulations set for applicant's release. (Para 18 , 19) |
| 7. conditions and administrative instructions regarding bail. (Para 20 , 21 , 22 , 23 , 24) |
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 ha
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.
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....
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.
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