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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Sujeet – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant Sujeet has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 2 of 2025, dated 03.01.2025, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Majra, District Sirmaur, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, by the police, for allegedly possession 1.254 kilograms of Charas.
3. As per the applicant, the story of the prosecution is absurd, baseless and imaginary and no evidence could be collected to demonstrate the connection of the applicant with the crime, in question. He has termed the entire prosecution case as false and frivolous.
4. The applicant is stated to be in judicial custody since 03.01.2025. Investigation, in the present case, is complete and the charge-sheet has been filed in the competent Court of law.
5. It is the further case of the applicant that conclusion of the trial will take sufficient long t
Bail under NDPS Act requires dual satisfaction of not guilty and no risk of re-offending, which the applicant failed to prove.
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 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....
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.
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....
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.
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.
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....
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 court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to reoffend.
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