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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, RAKESH KAINTHLA
Ravi Hans – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
By medium of this application under 1st Proviso to Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (in short B.N.S.S) the applicant has sought release on regular bail on the ground of having completed more than 1/3rd incarceration/ sentence of the maximum sentence awarded under Section 20 (1) Cof the Narcotic Drugs and Psychotropic Substances Act, 1985 (N.D.& P.S.Act).
2. Heard. It is not in dispute that the applicant has completed 1/3rd of the sentence as submitted in the application. However, the moot question is whether solely on account of having completed 1/3rd of the sentence, the applicant would be entitled to bail.
3. Learned counsel for the applicant has placed reliance upon order passed by a Division Bench of this Court, in Cr.M.P. No.3672 of 2024 in Criminal Appeal No.137 of 2023 decided on 14.10.2024, in which one of us (Justice Tarlok Singh Chauhan) was a member, wherein this court had granted bail only on the ground that the applicant therein had undergone more than 1/3rd of the sentence. It shall be apt to reproduce paras 4 to 7 thereof, which read as under:-
“4. We have heard the learned counsel for the applicant/appellant
Completion of 1/3rd of a maximum sentence does not automatically entitle a first-time offender to bail; statutory provisions and precedents dictate strict criteria for drug-related offences.
The stringent provisions of Section 37 of the NDPS Act must be applied in cases where the convict/accused is unable to bring his case within the parameters of Article 21 of the Constitution of India.....
Suspension of sentence and grant of bail – A person who had undergone five years of pre-convict custody is entitled to be released on bail, on touchstone of Article 21 of Constitution of India.
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
The main legal point established in the judgment is the discretion of the appellate court to suspend the sentence pending appeal, the conditions for such suspension, and the practical reasons for del....
The court emphasized that bail under the NDPS Act requires satisfying mandatory conditions, including reasonable grounds for believing the accused is not guilty and not likely to commit further offen....
In NDPS commercial quantity cases, bail requires strict satisfaction of Section 37 twin conditions: reasonable grounds believing not guilty and no reoffending risk. Prolonged detention, trial delays ....
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
Prolonged pre-trial detention without a clear and prima facie case warrants bail under the NDPS Act, emphasizing the right to personal liberty.
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