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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Het Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Het Ram, 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.94 of 2023, dated 21.07.2023, registered under Sections 22 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Manpura, District Solan, H.P.
2. According to the applicant, he has falsely been implicated, in the present case, for allegedly possessing11160 tablets of Lomotil.
3. It is the further case of the applicant that investigation, in the present case, is complete, as such, no useful purpose would be served by keeping him in judicial custody.
4. As per the applicant, he is permanent resident of the address, as mentioned, in the application and is having deep roots in the society.
5. The applicant has also tried his luck by moving similar Application bearing Cr.MP(M) No.310 of 2024, which was dismissed as withdrawn, vide order, dated 29th February, 2024.
6. Apart from this, Mr. N.S. Chandel, learned Senior Advocate assisted by Mr. Vinod K. Gupta, Advocate, appearing for the
Possession of contraband classified as 'commercial quantity' under the NDPS Act justifies denial of bail, invoking strict legal provisions.
The classification of contraband as commercial quantity under the NDPS Act necessitates a higher threshold for bail, impacting the applicant's eligibility for release.
The provisions of Section 37 of the NDPS Act are mandatory, requiring the court to find reasonable grounds that the accused is not guilty and unlikely to offend again for bail to be granted.
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
Bail granted in NDPS case involving non-commercial quantity contraband: Section 37 rigors inapplicable; presumption of innocence persists despite prior pending cases; no purpose in indefinite custody....
The absence of 'commercial quantity' in drug possession negates the application of Section 37 of the NDPS Act, allowing for bail and preserving the presumption of innocence.
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