Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Dheeraj Kumar – Appellant
Versus
State of HP – Respondent
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 investigation is complete, and the charge sheet has been filed before the Court. No fruitful purpose would be served by the continued incarceration of the petitioner. The trial is likely to take some time, and pre-trial detention of the petitioner would amount to punishment before conviction, which is impermissible under the law. The petitioner had filed a bail petition before the learned Additional Sessions Judge-II, Solan, HP (Camp at Arki), which was dis
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 ....
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.
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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....
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.
In NDPS commercial quantity cases, bail requires court satisfaction of twin conditions under Section 37: reasonable grounds accused not guilty and unlikely to reoffend; co-accused confessional statem....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
