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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Ram Lal – Appellant
Versus
State of H.P. – 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. 174 of 2023, dated 05.12.2023, registered at Police Station Amb, District Una for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short ND&PS Act). As per the prosecution, the police team recovered 741 grams of charas from a Tempo bearing registration No. PB08AR-7839 (sic), which the petitioner was driving. The quantity of contraband stated to have been recovered from the possession of the petitioner is less than a commercial quantity and the rigours of Section 37 of the ND&PS Act do not apply to the petitioner's case. The investigation is complete and the challan has been filed before the competent Court of law. The trial of the case is likely to take sufficient time. Only 3-4 witnesses have been examined so far. The petitioner has already spent more than 13 months in custody. Some cases were registered against the petitioner but those cases have been decided. Hence, the present petition.
2. The petition is opposed by filing a status report asserting
The court ruled that the petitioner, charged with possession of an intermediate quantity of narcotics, is entitled to bail due to prolonged custody and insufficient prosecution progress.
Bail denied under NDPS Section 20 for intermediate charas quantity due to prima facie possession, prior similar offence, repetition risk, witness tampering apprehension, and drug menace to society, e....
Successive NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such ....
Successive bail applications require a material change in circumstances; mere delay in trial does not meet the statutory conditions for bail under Section 37 of the NDPS Act.
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....
Grant of bail under the NDPS Act requires meeting specific twin conditions, which were not satisfied, and mere delay in trial does not justify bail unless supported by substantial change in circumsta....
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....
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.
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