Disposed¶21

Thakur Dass v. State of Hp

Himachal Pradesh HC2 Jul 2024CRMPM/1427/2024

Case brief

AI extract

What is this about?

Interim bail; Section 483 BNSS 2023; NDPS Act Sections 20, 25, 29; Section 37 NDPS rigours; commercial quantity; humanitarian grounds; death of real sister; last rites; police custody escort; District Jail Bilaspur; FIR No.168 of 2022; Police Station Sadar Bilaspur; Thakur Dass v. State of H.P.; Justice Virender Singh; Himachal Pradesh High Court Shimla; Cr. MP(M) No. 1427 of 2024; decided 02.07.2024; petition disposed of.

What did the court decide?

Interim bail not granted; instead, the Jail Authorities, District Jail, Bilaspur, were directed to take the applicant on 3.7.2024 in proper police custody to attend his sister's last rites at Dhalpur, Kullu, and to bring him back to District Jail, Bilaspur thereafter; Registry directed to inform the concerned Jail authorities immediately through e-mail. ¶21

Thakur Dass Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, in custody in FIR No.168 of 2022 under the NDPS Act, should be released on interim bail under Section 483 of the BNSS on the humanitarian ground of the death of his real sister.

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Court's answer

Since the contraband allegedly recovered in the case falls within the definition of 'commercial quantity', the rigours of Section 37 of the NDPS Act are applicable, weighed against granting interim bail.

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Ratio / Principle

Instead of releasing the applicant on interim bail, the Jail Authorities, District Jail, Bilaspur, are directed to take the applicant on 3.7.2024 in proper police custody to the place where the last rites of his sister are to be performed and, after he attends the last rites, to bring him back to the District Jail, Bilaspur.

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Detailed headnote1 paragraphs

Criminal Miscellaneous (Cr. MP(M) No. 1427 of 2024), decided 02.07.2024 by Virender Singh, J. (oral): Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by an undertrial in FIR No.168 of 2022 (Sections 20, 25 and 29 NDPS, Police Station Sadar, District Bilaspur) seeking interim bail on the ground that his real sister expired and her last rites were to be performed on 3.7.2024 at Dhalpur, Kullu. Noting the earlier dismissal of his regular bail by this Court and by the Special Judge, Ghumarwin, and that the alleged recovered contraband falls within 'commercial quantity', the Court held the rigours of Section 37 NDPS Act applicable and declined interim bail; however, it directed the Jail Authorities, District Jail, Bilaspur, to take the applicant on 3.7.2024 in proper police custody to attend the last rites and to bring him back to District Jail, Bilaspur, thereafter, disposing of the petition accordingly.

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( 2024:HHC:4303 )

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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Cr. MP(M) No. 1427 of 2024 Decided on : 02.07.2024

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Thakur Dass … Applicant

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Versus

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State of H.P. …Respondent

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Coram

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Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting?

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For the Applicant : Mr. Rakesh Kumar Chaudhary, Advocate. For the Respondent: Mr. H.S. Rawat, Additional Advocate General.

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Virender Singh, Judge (Oral)

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By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the BNSS’), a prayer has been made to release the applicant on interim bail, in case FIR No.168 of 2022, dated 15.7.2022, under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act

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( 2024:HHC:4303 )

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(hereinafter referred to as ‘the NDPS’) registered with Police Station, Sadar, District Bilaspur, H.P.

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The interim bail has mainly been sought on the ground that unfortunately, the real sister of the applicant expired on the intervening night of 1^st/ 2^nd July, 2024 and postmortem examination of the sister of the applicant has been conducted at Civil Hospital, Kullu, District Kullu, today on 2.7.2024. Her last rites are stated to be performed on 3.7.2024, at Dhalpur, Kullu.

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Considering the previous history about the dismissal of his bail application, by this Court, as well as, by the Special Judge, Ghumarwin, since, the contraband allegedly recovered, in this case, falls within the definition of ‘commercial quantity’, the rigors of Section 37 of the NDPS Act, are applicable, in the present case. However, considering the peculiar facts and circumstances, instead of releasing the applicant on interim bail, the Jail Authorities, District Jail, Bilaspur, are directed to take the applicant, on

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( 2024:HHC:4303 )

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3.7.2024, in proper police custody to the place, as referred to above, where, the last rites of his sister are to be performed and after attending the last rites, the jail authorities are directed to bring him back to the District Jail, Bilaspur.

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With these observations, the present petition is disposed of.

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Registry is directed to inform this fact to the concerned Jail authorities immediately, through e-mail.

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(Virender Singh) Judge

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July 02, 2024 (ps)

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Digitally signed by RAJNI Date: 2024.07.02 18:05:27 IST

Thakur Dass v. State of Hp

Case brief

What is this about?

What did the court decide?

Thakur Dass v. State of Hp

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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