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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Vishal Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. applicant denies involvement, claims no possession, seeks bail. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. secret information led to charas recovery from applicant's vehicle. (Para 11) |
| 3. section 37 twin conditions mandatory for ndps commercial bail. (Para 12 , 13 , 14 , 15 , 16) |
| 4. procedural irregularities do not justify ndps bail. (Para 17 , 18 , 19) |
| 5. bail dismissed without prejudice to trial merits. (Para 20 , 21) |
JUDGMENT :
Virender Singh, J.
Applicant Vishal Kumar 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. 133 of 2024, dated 10.11.2024, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND&PS Act), with Police Station, Damtal, Police District Nurpur.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police.
3. According to the applicant, story of the prosecut
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 requires mandatory satisfaction of twin conditions under Section 37: reasonable grounds believing not guilty and unlikely to reoffend; beyond prima facie, negat....
Bail under NDPS Act requires dual satisfaction of not guilty and no risk of re-offending, which the applicant failed to prove.
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.
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....
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....
The court emphasized the mandatory conditions under Section 37 of the NDPS Act for granting bail, requiring reasonable grounds for believing the accused is not guilty and assurance against further of....
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 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 reoffend.
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