Code of Criminal Procedure, 1973 – Section 389 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 20 – Bail – NDPS – Suspension of Sentence – Gravity of Offense – Prima Facie Merits of Appeal – The petitioner seeks suspension of the sentence imposed by the trial court under Section 389 of the Cr.P.C. in a case involving the possession of narcotics under Section 20 of the NDPS Act.
The applicant contends that there are arguable points in the appeal, alleging irregularities and illegalities in the trial court’s findings, making the appeal likely to succeed. The respondent opposes the application, citing the seriousness of the offense and the quantity of narcotics involved, arguing that there is a likelihood of the applicant committing a similar offense if released.
The court, considering the arguments of both parties, refers to precedents emphasizing the gravity of NDPS offenses and the need for strong compelling reasons for post-conviction bail. It observes that while bail may be liberal pre-conviction, post-conviction bail requires a consideration of the prima facie merits of the appeal and the absence of a presumption of innocence.
The court concludes that the gravity of the offense, coupled with the quantity of narcotics involved, outweighs the applicant’s arguments for bail pending appeal. Consequently, the application for suspension of sentence and bail pending appeal is dismissed, with observations confined to the disposal of the application and without prejudice to the merits of the case. (Para 14)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 52 HP
[-]
Gian Chand Vs. State Of Himachal Pradesh
Cr. MP No. 4147 of 2023 in Cr.Appeal No.499 of 2023-Decided on 12-01-2024
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