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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Lekh Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. applicant claims false implication via confession only. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. investigation links applicant to charas supply payment. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. section 37 ndps mandates twin bail conditions. (Para 20 , 21 , 22) |
| 4. reasonable grounds exceed prima facie satisfaction. (Para 23 , 24 , 25) |
| 5. evidence shows guilt likelihood reoffend society harm. (Para 26 , 27 , 28 , 29 , 30 , 31) |
| 6. bail dismissed twin conditions unfulfilled. (Para 32 , 33 , 34) |
JUDGMENT :
VIRENDER SINGH, J.
1. Applicant-Lekh Raj, 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.28/2025, dated 30th January, 2025, registered with Police Station, Nurpur, District Kangra, H.P., under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).
2. According to the applicant, he is innocent person and has falsely been implicated, in this case, by the police.
3. The applicant has termed the accusation against him as false
Bail in NDPS commercial quantity cases demands reasonable grounds beyond prima facie for believing accused not guilty and unlikely to reoffend under Section 37's mandatory twin conditions; disclosure....
In NDPS commercial quantity cases, bail granted where accused involvement relies solely on co-accused's custodial disclosure statement, inadmissible under evidence law, satisfying Section 37 twin con....
Bail under NDPS Act requires dual satisfaction of not guilty and no risk of re-offending, which the applicant failed to prove.
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....
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.
Bail in NDPS commercial quantity cases requires mandatory satisfaction of twin conditions under Section 37: reasonable grounds believing not guilty and unlikely to reoffend; beyond prima facie, negat....
The court held that bail for offences involving commercial quantities of narcotics requires strict adherence to Section 37 of the NDPS Act, emphasizing the necessity of satisfying specific conditions....
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.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
NDPS Section 37 mandates twin conditions for bail in commercial quantity cases: reasonable grounds believing not guilty and unlikely to reoffend. Spot recovery memos signed by accused satisfy grounds....
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