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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Vishal Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail sought claiming innocence, small quantity, completed probe. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. recovery of 10.26g heroin from pillion rider applicant. (Para 9 , 10 , 11) |
| 3. unconvicted prior cases preserve innocence presumption. (Para 12 , 13 , 14 , 15 , 16) |
| 4. non-commercial quantity exempts section 37 rigors. (Para 17 , 18 , 19) |
| 5. bail granted on bond subject to conditions. (Para 20 , 21 , 22 , 23 , 24 , 25) |
ApplicantVishal Sharma, 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.237/2025, dated 2nd October, 2025, registered with Police Station, Sadar Chamba, District Chamba, H.P., under Sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).
2. According to the applicant, he is innocent person and has falsely been implicated, by the Police, in this case. According to him, the police could not collect any evidence to connect the applicant with the crime in question.
3. It is the further case of th
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.
The court ruled that the applicant's possession of poppy husk does not meet the commercial quantity threshold, allowing bail under stringent conditions.
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 contraband did not constitute a commercial quantity, allowing bail under conditions, emphasizing the presumption of innocence and prohibition of pre....
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.
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 held that the absence of commercial quantity under the NDPS Act allows the presumption of innocence, permitting bail despite prior pending cases.
The court allowed bail for applicants, ruling that the alleged amount of contraband did not meet the definition of 'commercial quantity', and emphasized the presumption of innocence and potential adv....
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