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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
SANDEEP SHARMA
Adhi Atwal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, prayer has been made on behalf of petitioner Adhi Atwal, who is behind bars since 27.12.2025, for grant of regular bail in case FIR No.165/2025, dated 29.09.2025, under Sections 21 and 29 of NDPS Act, registered at Police Station Ghumarwin, District Bilaspur.
2. Respondent/State has filed status report and ASI Lalit Kumar, IO, PS Ghumarwin, District Bilaspur, has come present along with record. Record perused and returned.
3. Close security of record/status report reveals that on 29.09.2025 at 04:30 pm, Police party present near Toll Plaza, Baloh, Bilaspur, stopped one car bearing No.T0825PB5265E, Honda Amaze, for checking. On inquiry, driver of the vehicle disclosed to the Police that vehicle in question is a Taxi and the same was hired from Amritsar to Kullu. Since persons sitting on the rear seat got perplexed, Police deemed it necessary to conduct their search as well as of the vehicle and allegedly, in the presence of independent witnesses, recovered one bag, which at relevant time was kept on the lap of one of the occupant of the car, containing 518.4 grams o
Bail should not be denied solely based on co-accused statements without sufficient evidence; the presumption of innocence persists until proven guilty, emphasizing that the general rule favors bail.
Point of Law : Object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative.
Point of Law : Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment, which conviction will entail, character of the accused, circumstance....
Confessional statements under Section 67 NDPS inadmissible against accused; no conscious possession means no Section 22 case; bail grantable in commercial quantity despite Section 37 if false implica....
A confessional statement made before an officer designated under Section 42 or Section 53 of the NDPS Act cannot be the sole basis for conviction without safeguards. Even in cases involving commercia....
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
Object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is....
Bail under NDPS Act requires the accused to demonstrate reasonable belief of innocence and no likelihood of re-offending; these conditions are cumulative and must be satisfied.
In NDPS commercial quantity cases, co-accused confessional statements (inadmissible under Evidence Act Section 25 & CrPC 162) and financial transactions alone insufficient to deny bail under Section ....
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