Back
RAKESH KAINTHLA
Rakesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’), vide FIR no. 172/2022 dated 19.05.2022 registered at Police Station Sadar, Kullu, District Kullu, H.P.
2. As per the prosecution, 1.384 kgs of contraband was recovered from the petitioner. The investigation is complete. The petitioner has been in judicial custody since 19.05.2022. The Court has taken the sample but the same is not representative; hence, the petitioner is liable only for the possession of 26 grams of contraband. The compliance of Sections 41 and 42 of the NDPS Act was also not made. The petitioner would abide by all the terms and conditions, which may be imposed by the Court. Hence, the petition.
3. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 18.05.2022. The police saw the accused carrying a carry bag at 9:40 pm near a residential colony of Power Project Malana-II. The police stopped and searched the petitioner in the pr
Bail denied in NDPS commercial quantity case as accused failed twin conditions of Section 37: no reasonable grounds to believe not guilty given prima facie conscious possession via concealment attemp....
Bail in NDPS commercial quantity cases mandates twin conditions under Section 37: reasonable grounds (substantial probable cause) for believing accused not guilty and unlikely to reoffend; mere innoc....
Vehicle occupants prima facie in conscious possession of commercial quantity contraband absent explanation; bail refused as twin conditions under Section 37 not satisfied: no reasonable grounds for b....
In NDPS commercial quantity cases, bail requires court satisfaction of twin conditions under Section 37: reasonable grounds accused not guilty and unlikely to reoffend; co-accused confessional statem....
The standard for bail under the NDPS Act requires proof of innocence and no likelihood of reoffending; mere claims of trial delays are insufficient for release.
Bail denied in NDPS commercial quantity case as vehicle occupants prima facie in conscious possession of contraband; twin conditions under Section 37 not satisfied despite trial delay.
Bail denied in NDPS commercial quantity case as vehicle owner prima facie in conscious possession of concealed charas absent explanation; twin conditions of Section 37 not satisfied – reasonable grou....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
Bail denied in commercial quantity NDPS case as twin conditions under Section 37 unsatisfied: reasonable grounds exist to believe petitioner guilty of conscious possession and likely to reoffend, sup....
Bail in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds accused not guilty and unlikely to reoffend; negation of bail is rule, grant except....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
