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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Ashok Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petitions seeking regular bail. It has been asserted that the petitioners were arrested vide FIR No. 103 of 2024 dated 9th September 2024 for the commission of offences punishable under sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, registered at Police Station, Chowari District Chamba, HP. The petitioners are innocent and have not committed any offence. They have roots in society, and there is no chance of their absconding. They would abide by the terms and conditions, which the Court may impose. Hence, the petitions.
2. The petitions are opposed by filing a status report, asserting that the police party was on patrolling duty on 9th September 2024. They found a vehicle bearing registration number HP-38D-3555 parked near the juice factory at about 9:50 PM. Two people were sitting inside the vehicle. The police demanded the vehicle's documents. The driver took out his driving license and the vehicle’s registration certificate from the dashboard of the vehicle and hurriedly closed the dashboard. The driver identified himself as Ashok Kumar, and the person sitting beside him ident
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the accused demonstrates reasonable grounds for believing they are not guilty and unlikely to commit further ....
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied: no reasonable grounds believing not guilty and risk of reoffending on bail.
Bail denied under NDPS Section 37 for commercial quantity as petitioner accompanying contraband bearer fled police sans explanation, failing twin conditions of reasonable belief in non-guilt and no r....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
In NDPS commercial quantity cases, bail denied absent satisfaction of Section 37 twin conditions: reasonable grounds believing accused not guilty and unlikely to reoffend while on bail.
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 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.
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
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