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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Mangu Khan – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. bail application under bnss amid completed investigation and prior dismissals (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. raid details reveal commercial tramadol at applicant's medical store (Para 10) |
| 3. applicant absent during raid; linked via ccl statement and expired lease (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. section 37 ndps mandates strict bail conditions for commercial quantity (Para 22 , 23 , 24 , 25) |
| 5. ccl disclosure inadmissible as made in police custody under evidence act section 27 (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 6. expired rent agreement weakens possession link to applicant (Para 37 , 38) |
| 7. bail granted subject to strict conditions and undertakings (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
JUDGMENT :
VIRENDER SINGH, J.
1. Applicant Mangu Khan has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 316 of 2023, dated 18.11.2023, registered under Sections 22, 29, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter
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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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Bail in NDPS commercial quantity cases requires mandatory satisfaction of twin conditions under Section 37: reasonable belief accused not guilty and unlikely to reoffend; employee status at shop with....
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.
In NDPS commercial quantity bail, confessional statements to police inadmissible; CDRs' evidentiary value at trial. Absence of financial links, reliance on shelter allegation insufficient for prima f....
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