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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Shahi Mahatma – Appellant
Versus
State of Himachal Pradesh – Respondent
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 and have falsely been implicated, in the above noted case.
3. As per the applicants, the contraband has not been recovered from their possession and the learned trial Court, at the time of consideration of charge, has discharged the applicants from the offence punishable under Section 27A of the NDPS Act and Section 111 of the BNS.
4. It is the further case of the applicants that it is well settled that where the foundational charges of conspiracy and financing, under Section 27A of the NDPS Act, do not survive, the rigors of Section 37 NDPS Act, must be assessed, in the light of
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....
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.
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.
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.
The court emphasized the stringent conditions imposed by Section 37 of the NDPS Act for granting bail in cases involving commercial quantity of contraband, highlighting the need for reasonable ground....
The judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
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