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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Abhay – Appellant
Versus
State of HP – Respondent
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 the F.I.R., 1 Kilogram and 63.7 grams of Charas was recovered; however, the weight of the contraband was found to be 1.044 kilograms during the inventory proceedings, which makes the prosecution’s case suspect. There are reasonable grounds to believe that the petitioner is not involved in the commission of the offence. The police have filed the charge-sheet, and no fruitful purpose would be
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....
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....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
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....
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