Nittu Vs State of Himachal Pradesh (Himachal Pradesh High Court)
Himachal Pradesh High Court held that bail application is liable to be dismissed since twin conditions laid down in section 37 of Narcotic Drugs and Psychotropic Substances Act (NDPS) not satisfied. Accordingly, petition dismissed.
Facts- The petitioner has filed the present petition for seeking regular bail in FIR No. 257 of 2023, dated 8.11.2023, registered at Police Station, Sadar, District Bilaspur, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).
Conclusion- The Hon’ble Supreme Court in Union of India vs. Vijin K. Varghese 2025:INSC:1316 that bail cannot be granted on the ground of prolonged incarceration without satisfying the twin conditions laid down under Section 37 of the NDPS Act.
In the present case, the prosecution has collected sufficient material to, prima facie, connect the petitioner with the commission of the crime. There is nothing on record to show that the petitioner would not indulge in the commission of an offence if released on bail. Hence, he has not satisfied the twin conditions laid down in Section 37 of the NDPS Act.
FULL TEXT OF THE JUDGMENT/ORDER OF HIMACHAL PRADESH HIGH COURT
