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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Jai Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered from vehicle with petitioner. (Para 1 , 2 , 3) |
| 2. petitioner denies knowledge; prosecution applies section 37 rigours. (Para 4 , 5 , 6) |
| 3. bail parameters from supreme court precedents apply. (Para 7 , 8 , 9) |
| 4. vehicle occupants presumed in conscious possession of contraband. (Para 10 , 11 , 12) |
| 5. section 37 twin conditions mandatory for ndps bail. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. petitioner fails section 37; bail denied as exception. (Para 20 , 21 , 22 , 24) |
JUDGMENT :
Rakesh Kainthla, Judge
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 47 of 2025, dated 6.4.2025, registered at Police Station, Ghumarwin, District Bilaspur, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985.
2. It has been asserted that the police arrested the petitioner on 6.4.2025 for the possession of 1.853 kilograms of charas. The allegations against the petitioner are false. The prosecution has not collected any evidence to connect him to the commission of crime. The investigation is complete, and the charge sheet has been
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 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....
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....
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 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 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 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....
Passenger in private vehicle with commercial quantity contraband prima facie in conscious possession if linked to co-accused via call records; must rebut presumption and satisfy Section 37 twin condi....
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.
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