#Himachal Pradesh High Court bail judgment

Himachal Pradesh High Court ruled that confessional statements recorded under Section 67 of the NDPS Act cannot be relied upon to deny bail, and financial transactions without evidence of conscious possession are insufficient to establish complicity. The judgment reinforces the presumption of innocence and strict evidentiary standards in NDPS cases.

The Himachal Pradesh High Court granted bail to a petitioner accused of possessing 254g of charas, ruling that once the investigation is complete and no risk of witness tampering or flight is established, continued custody violates Article 21 - reinforcing BNSS Section 483’s shift away from automatic detention in drug cases. This sets a critical precedent for accused persons in intermediate quantity NDPS cases across India.