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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Kulwant Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Kulwant Singh, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of the trial, arising out of FIR No.104 of 2020, dated 07.11.2020, registered under Sections 15 and 25 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Banjar, District Kullu, H.P.
2. According the applicant, he is innocent and has falsely been implicated, in the present case. The applicant has been arrested, in this case, on 26.03.2025 and from that date, he is behind the bars.
3. As per the applicant, main accused Kulvinder Singh has been released on bail.
4. It is the further case of the applicant, he has no concern with the crime, in question and his custodial interrogation is no longer required by the police.
5. The applicant has also tried his luck, by moving similar application, before the learned Special Judge, Kullu, District Kullu, H.P. However, the said application has been dismissed, vide order, dated 29.05.2025.
6. Apart from this, Mr. Maan Singh, Advocate,
Bail granted in NDPS commercial quantity case where applicant linked solely by co-accused's inadmissible disclosure statement under CrPC s.162 and Evidence Act s.25; CDRs' evidentiary value deferred ....
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 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 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.
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 that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
The court confirmed that under Section 37 NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to re-offend.
The court considered arguable points, substantial custody, and the likelihood of a prolonged trial due to the COVID-19 pandemic in granting regular bail.
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