Himachal Pradesh High Court Denies Bail in NDPS Case Involving Commercial Quantity

Court Upholds Stringent Requirements of Section 37 of NDPS Act, Citing Failure to Meet Twin Conditions for Bail

In a significant judgment delivered on October 9, 2025, the Himachal Pradesh High Court denied bail to Man Bahadur Singh, who was arrested for possession of 2.007 kilograms of charas, a commercial quantity under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The judgment, pronounced by Justice Rakesh Kainthla, emphasized the stringent conditions set forth in Section 37 of the NDPS Act, which governs the grant of bail in cases involving commercial quantities of narcotics.

The petitioner, Man Bahadur Singh, had filed for regular bail in connection with FIR No. 248 of 2023, registered at Police Station Sadar Kullu, District Kullu, Himachal Pradesh. He argued that the charges against him were false and that his prolonged detention violated his right to a speedy trial. Despite these assertions, the court found that the petitioner failed to satisfy the twin conditions required for bail under Section 37 of the NDPS Act: demonstrating reasonable grounds for believing the accused is not guilty and assurance that the accused will not commit further offenses while on bail.

The prosecution, represented by Additional Advocate General Jitender K. Sharma, strongly opposed the bail application, highlighting the recovery of a commercial quantity of charas from the petitioner and insisting on the mandatory application of Section 37. The court noted that the prosecution had examined eight witnesses out of the fifteen cited and attributed any delays in the trial to unavoidable circumstances such as road blockages caused by heavy rains.

Justice Kainthla meticulously reviewed precedents from the Supreme Court concerning bail under the NDPS Act, underscoring the necessity of a careful judicial approach due to the serious socio-economic consequences and health hazards associated with drug trafficking. The court cited various Supreme Court judgments that stress the importance of satisfying the rigorous conditions under Section 37 before granting bail, particularly in cases involving commercial quantities.

The petitioner’s plea regarding the violation of his right to a speedy trial was dismissed, as the court found the examination of eight witnesses within a year and three months reasonable given the circumstances. The judgment emphasized that the accused had not shown any substantial grounds to believe he would not re-offend if released on bail.

In conclusion, the Himachal Pradesh High Court's decision to deny bail reinforces the stringent requirements of the NDPS Act, serving as a reminder of the judiciary's commitment to tackling drug-related crimes with severity. This judgment underscores the legal framework's focus on preventing drug trafficking and protecting societal interests, reflecting a cautious approach to issues of personal liberty in the face of serious criminal accusations.

Bottom Line:

Bail in NDPS Act cases involving commercial quantity - Application of Section 37 of NDPS Act is mandatory - Twin conditions for granting bail must be satisfied, including reasonable grounds for believing the accused is not guilty and assurance of non-commission of further offence while on bail.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37

Man Bahadur Singh v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2791801