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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Avikash Minhas – 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 vide FIR No. 83 of 2023, dated 25.9.2023, registered for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances, Act (in short “the ND&PS Act’) at Police Station Panchrukhi, District Kangra, H.P. As per the prosecution case, 1.056 kilograms ofcontraband was recovered from the petitioner. The prosecution's case is false. The petitioner has been in judicial custody since 25.9.2023. There is a huge difference in the quantity recovered and the quantity received in SFSL, and the whole case has become suspect. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the petition.
2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 25.9.2023, when they received a secret information at 1.40 AM that vehicles bearing registration No. HP-37F-7813 and HP-37G- 3170 were transporting charas. The police reduced the information to writing and sent it to the Supervisory Officer. The police interc
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
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.
For bail in NDPS Act cases involving commercial quantity, the accused must establish reasonable grounds of innocence and lack of likelihood to commit further offenses, per Section 37.
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....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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....
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
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....
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....
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