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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Abhay – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. petitioner seeks bail under ndps act. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 5 , 6) |
| 3. judicial considerations for bail. (Para 4 , 7 , 8) |
| 4. considerations of possession and bail parameters. (Para 9 , 10 , 12 , 20 , 21 , 24) |
| 5. legal standards for bail under section 37. (Para 11 , 13 , 14 , 15 , 16 , 17 , 22 , 23) |
| 6. petition dismissed. (Para 25 , 26) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition seeking for regular bail in FIR No. 87 of 2025, dated 01.06.2025, registered for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 25 of the Arms Act at Police Station Ghumarwin, District Bilaspur, H.P.
2. It has been asserted that, as per the prosecution, the petitioner and co-accused Vishal, Aman and Abhishek were found occupying the vehicle bearing registration No. HR-68C-3033 on 30.05.2025 at 7:00 p.m. near Toll Plaza towards Bhaged. The police recovered one country made pistol and charas weighing 1 Kilogram and 63.7 grams. The petitioner is innocent, and he was falsely implicated. The petitioner is a young boy aged 18 years. As per th
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....
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.
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....
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.
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.
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 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....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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....
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