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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Moti Sharma – Appellant
Versus
State Of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
Applicant Moti Sharma 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. 64 of 2025, dated 10.4.2025, registered under Sections 21, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Boileauganj, District Shimla, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case and the contraband, which is stated to be 23.72 grams, does not fall within the definition of ‘commercial quantity’. As such, according to the applicant, rigors of Section 37 of the NDPS Act are not applicable in the present case.
3. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered, from his possession. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the Police.
4. Applicant has pleaded that he belongs to a respectable family and having deep roots in the society.
5.
The court ruled that the applicant is entitled to bail under the NDPS Act as no strong evidence exists for continued detention, affirming that pre-trial punishment is impermissible.
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the Public Prosecutor is given an opportunity to oppose and the court is satisfied of the accused's non-guilt....
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.
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.
Pre-trial punishment is prohibited, and the presumption of innocence must be upheld, allowing bail when no commercial quantity of contraband is involved.
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.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
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