Himachal Pradesh High Court Grants Bail to Ugma Ram in NDPS Case

Bail granted with conditions due to possession of intermediate quantity of narcotics under NDPS Act, highlighting judicial discretion and individual rights.

In a significant development, the Himachal Pradesh High Court has granted bail to Ugma Ram, who was arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the possession of 7.033 kgs of poppy husk. The decision, delivered by Justice Rakesh Kainthla, emphasizes the judicial discretion in granting bail, especially in cases involving intermediate quantities of narcotics.

The petitioner, Ugma Ram, was apprehended on July 28, 2025, with poppy husk recovered from his vehicle, leading to charges under Section 15 of the NDPS Act. The petitioner maintained his innocence, claiming he was falsely implicated, and sought bail from the court.

In the judgment, the court noted that the possession was of an intermediate quantity, thereby making the stringent conditions of Section 37 of the NDPS Act inapplicable. Justice Kainthla highlighted that the petitioner had no prior criminal record, suggesting a potential for reformation rather than continued detention, which could expose him to hardened criminals.

The court imposed several conditions to ensure the petitioner's attendance at the trial and to prevent tampering with evidence. These include a bond of Rs. 1,00,000 with a surety, regular attendance at trial hearings, prohibitions against intimidating witnesses, and surrendering his passport. Additionally, the petitioner is required to inform authorities of any change in address or social media contact details.

Furthermore, the court addressed the concern raised by the prosecution regarding the potential for the petitioner to intimidate witnesses or abscond, stating that such apprehensions can be mitigated through strict bail conditions rather than denying bail outright.

This judgment aligns with the broader principles set by the Supreme Court, emphasizing a balance between individual liberty and societal interests. The decision underscores the importance of judicial discretion, particularly in cases where the accused is not deemed a habitual offender, and the alleged offense involves intermediate quantities of narcotics.

Bottom Line:

Bail granted under NDPS Act - Rigours of Section 37 of NDPS Act not applicable when possession is of intermediate quantity of narcotics - Conditions imposed to ensure attendance of petitioner and prevent tampering with evidence.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37, Criminal Procedure Code, 1973 Chapter XXXIII.

Ugma Ram v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2799555