Back
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 :
Virender Singh, J.
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.
2. It is the case of the applicants that they are innocent and have falsely been implicated in the present case, as no reco
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 in NDPS commercial quantity cases mandates court satisfaction of twin conditions under Section 37: reasonable grounds of non-guilt based on substantial evidence and no likelihood of reoffending;....
Commercial quantity NDPS bail mandates Section 37 twin conditions: reasonable grounds believing non-guilt and no reoffence likelihood on bail; procedural lapses insufficient for release.
Bail in NDPS commercial quantity cases demands reasonable grounds beyond prima facie for believing accused not guilty and unlikely to reoffend under Section 37's mandatory twin conditions; disclosure....
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.
In NDPS commercial quantity cases, bail granted where accused involvement relies solely on co-accused's custodial disclosure statement, inadmissible under evidence law, satisfying Section 37 twin con....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
