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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Neena Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant Neena Devi has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS ’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 180 of 2024, dated 6.11.2024, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ND & PS Act), registered with Police Station, Kangra, District Kangra, H.P.
2. The applicant has pleaded the fact that she is innocent person and has falsely been implicated in the present case, as she has no concern whatsoever, with the offence, for which, she has been arrested, by the police.
3. The applicant has tried her luck by moving similar bail application bearing No. 95-K/XXII/2024, before the learned Special Judge-I, Kangra at Dharamshala, District Kangra, H.P. However, the same was dismissed, on 18.12.2024.
4. On the basis of above facts, Ms. Dhanwanti, Advocate, has given certain undertakings, which, the applicant is ready to abide by, in case, ordered to be released on bail.
5. On these submissions, a prayer has been made to allow the bail application.
6. When put to notice, the
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.
The court ruled that the applicant is entitled to bail as the quantity of contraband does not meet the threshold for commercial quantity, and pre-trial punishment is prohibited.
The court allowed bail for applicants, ruling that the alleged amount of contraband did not meet the definition of 'commercial quantity', and emphasized the presumption of innocence and potential adv....
The court granted bail to young applicants under the NDPS Act, emphasizing their innocence, the absence of prior cases, and the completion of investigation, while imposing conditions to ensure compli....
The presumption of innocence remains until conviction, and bail may be granted based on parity with co-accused and absence of commercial quantity of contraband.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
The court granted bail based on the non-commercial quantity of contraband and the applicant's presumption of innocence, emphasizing the need for judicial discretion in bail matters.
Pre-trial punishment is prohibited, and the presumption of innocence remains until proven guilty, allowing bail when investigation is complete and no prior cases exist.
Bail can be granted when the accused is a permanent resident, has no prior cases, and the contraband is non-commercial, ensuring conditions are met.
The presumption of innocence applies in bail applications, and previous unconvicted offenses do not automatically justify denial of bail.
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