Himachal Pradesh HC Dismisses Bail Plea in NDPS Case citing Conscious Possession of Commercial Quantity [Read Order]
The court further held that the delay in the trial's progress could not be a sole ground for granting bail, as the special and stringent provisions of the NDPS Act override general considerations of personal liberty and trial delays.
The Himachal Pradesh High Court has dismissed a bail plea in a case under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), citing his conscious possession of a commercial quantity of charas.
Justice Rakesh Kainthla was hearing a petition seeking regular bail in FIR No. 257 of 2023, registered for offences punishable under Sections 20 and 29 of the NDPS Act. The petitioner was arrested after 3.670 kilograms of charas, a commercial quantity, were recovered from a vehicle he was occupying.
Nittu, the petitioner, argued that he was innocent and falsely implicated, contending that mere presence in the car did not establish his involvement. He also pointed to his lack of criminal antecedents and the prolonged delay of over two years in the trial, assuring the court of his compliance with any bail conditions.
The State, represented by the Deputy Advocate General, opposed the plea, asserting that the petitioner was found in conscious possession of a commercial quantity of the contraband. Consequently, the stringent provisions of Section 37 of the NDPS Act applied, making him ineligible for bail.
Justice Kainthla, referring to a Supreme Court precedent, held that all occupants of a vehicle from which narcotics are recovered are deemed to be in conscious possession of the contraband. The court extensively deliberated on the mandatory conditions under Section 37 of the NDPS Act for offences involving a commercial quantity.
It reiterated that bail cannot be granted unless the court is satisfied that there are 'reasonable grounds for believing that the accused is not guilty' and that he is 'not likely to commit any offence while on bail'.
The court further held that the delay in the trial's progress could not be a sole ground for granting bail, as the special and stringent provisions of the NDPS Act override general considerations of personal liberty and trial delays. This was in line with recent Supreme Court judgments.
Finding that the petitioner had not satisfied the twin conditions mandated by Section 37 and that the prosecution had established a prima facie case of conscious possession, the court concluded that the petitioner was not entitled to the relief sought. Accordingly, the bail petition was dismissed.
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