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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Suresh Chand – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, Judge
Applicant 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, arising out of FIR No. 66 of 2025, dated 18.11.2025, registered under Sections 20, 29-61-85 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Shillai, District Sirmour, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated in the present case.
3. No recovery is stated to have been effected from the applicant.
4. As per the case of the applicant, his involvement is based upon the alleged revelations made by Ramesh Chand, who was arrested in the present case. He has termed the allegations levelled against him, as false and concocted one.
5. Investigation of the present case is stated to be complete. All these facts have been pleaded to demonstrate that custodial interrogation of the applicant is no longer required by the Police.
6. The applicant has tried his luck by moving similar application, before the learned Special Judge-1, Sirmour Dist
The court ruled that involvement of an accused must be substantiated by adequate evidence, and statements by co-accused cannot solely establish guilt under the NDPS Act.
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....
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 need for substantial probable causes for believing that the accused is not guilty of the alleged offence and the deleterious impact of narcotic drugs on society.
In NDPS commercial quantity cases, bail denied absent satisfaction of twin Section 37 conditions: reasonable grounds (substantial probable causes) for non-guilt and no likelihood of reoffending; fina....
The court emphasized strict compliance with procedural safeguards under the NDPS Act, highlighting that significant lapses can undermine the prosecution's case, especially in light of prolonged incar....
Presumption of innocence, bail as a means to secure attendance at trial, and the punitive nature of pre-conviction detention.
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