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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Arjun Singh @ Shiva – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial charas recovered from petitioner's driven vehicle. (Para 1 , 3 , 10) |
| 2. petitioner alleges false recovery, police brutality. (Para 2 , 5) |
| 3. bail guided by offence nature, evidence, antecedents. (Para 4 , 7 , 8 , 9) |
| 4. commercial quantity invokes section 37 rigours. (Para 6) |
| 5. vehicle driver deemed consciously possessing contraband. (Para 11 , 12 , 13) |
| 6. section 37 mandates twin conditions for bail. (Para 14 , 15) |
| 7. reasonable grounds required for not guilty belief. (Para 16 , 17 , 18 , 19 , 20) |
| 8. twin conditions unsatisfied; ndps bail negation rule. (Para 21 , 22) |
| 9. bail petition dismissed; observations bail-limited. (Para 25 , 26) |
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
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.
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.
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....
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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