Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Abdul Basit – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. applicant denies involvement, seeks bail parity. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. secret info yields smack, tramadol from ccl. (Para 13 , 14 , 15 , 16 , 17) |
| 3. shop raid recovers commercial tramadol; applicant arrested. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 4. owner arrested sans records; s37 invoked. (Para 24 , 25 , 26 , 27) |
| 5. ndps s37 mandates twin bail conditions. (Para 28 , 29 , 30 , 31) |
| 6. circumstances fail s37 twin conditions test. (Para 32 , 33) |
| 7. bail dismissed; observations for bail only. (Para 34 , 35) |
JUDGMENT :
Virender Singh, Judge
Applicant-Abdul Basit, 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.108/2025, dated 11th May, 2025, registered with Police Station, Paonta Sahib, District Sirmaur, H.P., under Sections 20, 22 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. As per the applicant, he
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....
Bail granted in NDPS commercial quantity case where proprietor absent from raid site, linked only by inadmissible co-accused custody statement and expired rent agreement, satisfying Section 37 condit....
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....
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....
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 emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
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....
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 main legal point established in the judgment is that possession of commercial quantity contraband invokes the rigour of Section 37 of the NDPS Act, precluding bail. The judgment also emphasizes t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
