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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
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.
4. The contraband allegedly recovered in the present case, according to the applicant, does not fall within the definition of commercial quantity, as such, the provisions of Section 37 of ND&PS Act are not applicable, in the present case.
5. The applicant has tried his luck earlier by moving similar application before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P., where his application was dismissed as withdrawn
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.
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.
The court granted bail based on the non-commercial quantity of contraband and the applicant's presumption of innocence, emphasizing the need for judicial discretion in bail matters.
The court ruled that the applicant's possession of contraband did not constitute a commercial quantity, allowing bail under conditions, emphasizing the presumption of innocence and prohibition of pre....
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