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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Veer Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. applications for bail by the applicants. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. facts surrounding the investigation and evidence. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. summary of allegations against applicants. (Para 25 , 26 , 27 , 28 , 29) |
| 4. arguments against the admissibility of evidence. (Para 30 , 31 , 32 , 34 , 36) |
| 5. mandatoriness of section 37 compliance for bail. (Para 40 , 41) |
| 6. court's decision to deny bail. (Para 42 , 43 , 44 , 45) |
JUDGMENT :
The above titled bail applications are being decided by the common order, as, the applicants have filed these applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release them on bail, during the pendency of the trial arising out of FIR No.65 of 2024, dated 18.03.2024, registered under Sections 21, 29, 8C and 27A of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Nalagarh, District Solan, H.P.
3. According to the applicants, they have been involved, in the present case, on the statement of Nand Lal, who is father of the main accused
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 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.
The court emphasized the stringent conditions imposed by Section 37 of the NDPS Act for granting bail in cases involving commercial quantity of contraband, highlighting the need for reasonable ground....
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.
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....
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 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.
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