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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Vishnu Das Vaishnav – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Vishnu Das Vaishnav, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, arising out of FIR No.213 of 2024, dated 14.07.2024, registered under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as ‘NDPS Act’), with Police Station Sadar Una, District Una.
2. According to the applicant, he is an innocent person and has been named, in the said case, mainly, on the basis of false allegations, made by his co-accused Rahul Sharma and Gaurav Sharma.
4. The applicant has further pleaded that he has no connection whatsoever with the above two accused and his name has wrongly been added in this case with an ulterior motive to implicate him. The applicant is stated to have been named, as accused, in this case, without any substantive evidence.
5. It is the further case of the applicant that he is from respectable family and having deep roots in the society. The applicant is stated to be an agriculturist by profession and is also running a small Dhaba.
6. It is the fu
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 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 can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
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