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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Moti Sharma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. applicant claims innocence, non-commercial quantity for bail. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. raid uncovers heroin, disclosures reveal supply chain conspiracy. (Para 7) |
| 3. sections 27-a, 29 added for financing and abetment. (Para 8) |
| 4. section 37 twin conditions require prima facie innocence. (Para 9 , 10 , 11 , 12) |
| 5. concealed antecedents bar bail grant. (Para 13 , 14) |
| 6. bail dismissed; observations not on merits. (Para 15 , 16) |
JUDGMENT :
Virender Singh, J.
Applicant Moti Sharma 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. 64 of 2025, dated 10.4.2025, registered under Sections 21, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Boileauganj, District Shimla, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case and the contraband, which is stated to be 23.72 grams, does not fall within the definition of ‘commercial quantity’. As such, according to the
Bail under NDPS Section 37 requires court satisfaction beyond prima facie that accused is not guilty and will not commit offence on bail; concealment of prior NDPS cases justifies rejection.
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.
Bail in NDPS commercial quantity cases mandates court satisfaction of twin conditions under Section 37: reasonable grounds of non-guilt based on substantial evidence and no likelihood of reoffending;....
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....
Bail must not be denied as a punitive measure; presumption of innocence prevails and applicants are entitled to bail as per parity with co-accused.
Pre-trial punishment is prohibited, and the presumption of innocence must be upheld, allowing bail when no commercial quantity of contraband is involved.
Bail granted in NDPS case for non-commercial quantity contraband; presumption of innocence upheld despite prior FIRs without conviction; parity with co-accused; no pre-trial punishment post charge-sh....
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.
Rigors of Section 37 NDPS Act not applicable to interim bail even in commercial quantity cases; granted on medical grounds for addiction treatment and co-accused parity.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
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