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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Dheeraj Kumar – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. factual background of the case presented. (Para 1 , 2) |
| 2. police report and evidence provided. (Para 3) |
| 3. arguments presented by both parties. (Para 4 , 5 , 6) |
| 4. court observations on evidence and charges. (Para 7 , 11) |
| 5. judicial principles and precedents for granting bail. (Para 8 , 9 , 10 , 13 , 14 , 15 , 18 , 26) |
| 6. application of section 37 of the ndps act. (Para 12 , 19 , 20) |
| 7. final decision regarding bail application. (Para 28 , 30) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 257 of 2024 , dated 26.12. , registered at Police Station Sadar, District Solan, H.P., for the commission of an offence punishable under section 20 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act.
2. It has been asserted that, as per the prosecution, the police received secret information on 26.12. 2024 , that one Neeraj, resident of Kleen, District Solan, HP, had contraband in his home. The police searched the house and recovered 1212 grams of charas from one of the rooms. The petitioner was found at the spot, and he was apprehended with the allegations of being in conscious possession of the charas. The
The court ruled that bail cannot be granted under the NDPS Act unless the accused satisfies the twin conditions of Section 37 concerning the likelihood of guilt and re-offense.
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.
In NDPS commercial quantity cases, bail requires strict satisfaction of Section 37 twin conditions: reasonable grounds believing not guilty and no reoffending risk. Prolonged detention, trial delays ....
Bail in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds believing accused not guilty and unlikely to commit offence on bail; red-handed arr....
In NDPS commercial quantity cases, vehicle occupants known to each other prima facie deemed in conscious possession; bail requires satisfaction of Section 37 twin conditions despite hostile witness o....
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 commercial quantity NDPS case as petitioner failed Section 37 twin conditions despite prolonged custody and trial delay; vehicle occupants prima facie in conscious possession.
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 absent court satisfaction of twin Section 37 conditions, even with prolonged incarceration or trial delay; vehicle occupants prima facie in conscious pos....
Bail rejected in NDPS commercial quantity case as petitioner failed Section 37 twin conditions; conscious possession from vehicle recovery established prima facie; medical disability and trial progre....
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