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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Vishal Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
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 the applicant that the contraband allegedly recovered, in the present case, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case.
4. As per the applicant, investigation, in the present case, is complete and no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period.
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....
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....
The court granted bail to young applicants under the NDPS Act, emphasizing their innocence, the absence of prior cases, and the completion of investigation, while imposing conditions to ensure compli....
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