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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Rakesh Kumar alias Shanu – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. recovery of 13.56 grams non-commercial heroin. (Para 1) |
| 2. investigation complete, false implication, s37 inapplicable. (Para 2 , 3 , 4 , 8 , 9) |
| 3. multiple prior ndps cases, no convictions. (Para 5 , 6 , 7 , 10) |
| 4. no indefinite pre-trial custody despite delay. (Para 11 , 12 , 13 , 14) |
| 5. rigors of s37 ndps not attracted. (Para 15 , 16) |
| 6. bail granted with stringent conditions. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
ApplicantRakesh Kumar alias Shanu has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 144 of 2024, dated 23.11.2024, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Damtal, District Kangra, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, by the police, in this case.
3. According to him, the investigation in the present case is complete and no useful purpose would be served by keeping him in the judicial custody.
Bail granted in non-commercial quantity NDPS case despite multiple prior cases without convictions, due to trial delays causing pre-trial punishment, with conditions mitigating risks.
The court ruled that continued detention is unwarranted when investigation is complete and no prior cases exist against the applicant, emphasizing the presumption of innocence.
Bail granted in NDPS case involving non-commercial quantity contraband: Section 37 rigors inapplicable; presumption of innocence persists despite prior pending cases; no purpose in indefinite custody....
The absence of 'commercial quantity' in drug possession negates the application of Section 37 of the NDPS Act, allowing for bail and preserving the presumption of innocence.
Bail can be granted when the accused is a permanent resident, has no prior cases, and the contraband is non-commercial, ensuring conditions are met.
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.
The court ruled that the applicant's possession of poppy husk does not meet the commercial quantity threshold, allowing bail under stringent conditions.
The court held that the absence of commercial quantity under the NDPS Act allows the presumption of innocence, permitting bail despite prior pending cases.
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