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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Shahi Mahatma – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. applicants claim innocence, no possession, parity for bail (Para 1 , 2 , 3 , 4 , 5 , 7 , 8 , 9 , 10) |
| 2. compliant procedure recovers commercial quantity heroin (Para 11) |
| 3. interstate racket with applicants involved, tampering risk (Para 12) |
| 4. sections 21, 29 attract section 37 rigors (Para 13 , 14) |
| 5. commercial quantity mandates strict section 37 compliance (Para 16) |
| 6. reasonable grounds beyond prima facie for ndps bail (Para 18 , 19) |
| 7. parity invalid without section 37 findings (Para 20 , 21 , 22 , 23) |
| 8. bail denied for section 37 non-compliance (Para 24 , 25) |
JUDGMENT :
VIRENDER SINGH, J.
The above titled four applications are being decided by the common order, as, the applicants have filed these applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release them on bail, during the pendency of trial, in case FIR No.50 of 2024, dated 19.09.2024, registered, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), with Police Station Kotkhai, District Shimla, H.P.
2. According to the applicants, they are innocent
Bail in NDPS commercial quantity cases mandates court satisfaction of twin conditions under Section 37: reasonable grounds of non-guilt based on substantial evidence and no likelihood of reoffending;....
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the Public Prosecutor is given an opportunity to oppose and the court is satisfied of the accused's non-guilt....
Rigors of Section 37 NDPS Act not applicable to interim bail even in commercial quantity cases; granted on medical grounds for addiction treatment and co-accused parity.
The court ruled that the applicant is entitled to bail under the NDPS Act as no strong evidence exists for continued detention, affirming that pre-trial punishment is impermissible.
Bail under NDPS Section 37 requires court satisfaction beyond prima facie that accused is not guilty and will not commit offence on bail; concealment of prior NDPS cases justifies rejection.
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
The provisions of Section 37 of the NDPS Act are mandatory, requiring the court to find reasonable grounds that the accused is not guilty and unlikely to offend again for bail to be granted.
Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.
In narcotic offences, bail is only granted when it is proven that the accused is not involved with the contraband, with a stringent evaluation of public safety interests.
The court emphasized that bail under the NDPS Act requires reasonable grounds for believing the accused is not guilty and unlikely to commit further offenses while on bail.
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