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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Yadwinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. arrest for possessing codeine cough syrup during check. (Para 1 , 2) |
| 2. low codeine syrup exempt from ndps manufactured drug. (Para 3) |
| 3. therapeutic proof and bulk quantity invoke ndps rigours. (Para 4) |
| 4. entry 35 notification excludes low-concentration codeine preparations. (Para 5 , 6 , 7) |
| 5. ndps applicability doubtful; merits for trial court. (Para 8) |
| 6. bail rule under innocence presumption and balance factors. (Para 9 , 10 , 11 , 12) |
| 7. bail granted with conditions; observations limited to bail. (Para 13 , 14 , 15 , 16) |
JUDGMENT :
Sandeep Sharma, J.
Bail petitioner namely Yadwinder Singh, who is behind bars since 07.10.2025, has approached this Court in the instant proceedings filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita (hereinafter ‘BNSS’) for grant of regular bail in case FIR No.229 of 2025, dated 07.10.2025, under Section 22 of ND & PS Act, registered at Police Station Paonta Sahib, District Sirmaur, H.P.
2. Respondent-State has filed status report, perusal whereof reveals that on 07.10.2025 at about 06:10 p.m, while Police party was present near the IPH office, Paonta Sahib, a car bearing registration No.HP-71-6317, being driven by the bail-pet
Cough syrup with Codeine Phosphate below 2.5% concentration, compounded and established in therapeutic practice, excluded from 'manufactured drug' under NDPS Act notification; bail granted post-chall....
Object of bail is to secure attendance of accused in trial and proper test to be applied in solution of question whether bail should be granted or refused is whether it is probable that party will ap....
Possession of cough syrup containing codeine qualifies as a narcotic under the NDPS Act, with strict bail conditions imposed that were not satisfied in this case.
The court held that strict compliance with licensing conditions under the NDPS Act is essential, and significant illegal possession of narcotics justifies rejection of bail applications.
The court held that possession of narcotic drugs in significant quantities under NDPS Act warrants stringent bail conditions, emphasizing the necessity of statutory compliance regarding search and se....
The accused must satisfy the twin conditions under Entry 35 of the Notification and produce necessary evidence of engagement in therapeutic practice for medical or scientific purposes to overcome the....
The main legal point established in the judgment is the strict application of the NDPS Act, particularly in cases involving the sale of contraband substances, and the court's discretion in granting a....
Fulfillment of requirements as enumerated in Section 37 are a pre-requisite before granting bail to accused who is alleged to have committed offences under NDPS Act, involving commercial quantity.
Fulfillment of requirements as enumerated in Section 37 of NDPS Act are a pre-requisite before granting bail to accused who is alleged to have committed offences under NDPS Act, involving commercial ....
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