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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Arjun Singh @ Shiva – Appellant
Versus
State of Himachal Pradesh – Respondent
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 162 of 2024, dated 25.10.2025, registered in Police Station Jawali, District Kangra, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).
2. It has been asserted that the allegations against the petitioner are false, and no case is made out against him. The petitioner is a respectable person in society, and a false recovery was planted against the petitioner. The police gave beatings to the petitioner, and he sustained injuries. The police concocted a false case against the petitioner to save themselves. The police have filed the charge sheet before the Court, and the conclusion of the trial is likely to take some time. No fruitful purpose would be served by keeping the petitioner in custody. FIR No. 117 of 2019 is pending against the petitioner. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 25.10.2024. They stopped a vehicle bearing re
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....
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 owner prima facie in conscious possession of concealed charas absent explanation; twin conditions of Section 37 not satisfied – reasonable grou....
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 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....
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....
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.
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 cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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