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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Raj Kumar Alias Raju – Appellant
Versus
State Of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered from petitioner's vehicle. (Para 1 , 2 , 3) |
| 2. petitioner denies conscious possession; state invokes ndps section 37. (Para 4 , 5 , 6) |
| 3. bail requires considering offence nature, evidence, and justice risks. (Para 7 , 8 , 9) |
| 4. vehicle ownership implies prima facie conscious possession. (Para 10) |
| 5. ndps section 37 mandates twin conditions for commercial quantity bail. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 6. petitioner fails ndps section 37 twin conditions. (Para 17) |
| 7. ndps commercial cases: bail denial is rule, grant exception. (Para 18) |
| 8. bail petition dismissed, limited to disposal. (Para 19 , 20 , 21) |
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 270 of 2024, dated 12.12.2024, registered in Police Station Nurpur, District Kangra, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
2. It has been asserted that, as per the prosecution, the police intercepted a vehicle bearing registration No. HP-53B-9168 on 11.11.2024. The driver fled away from the scene. The police checked the vehicl
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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....
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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.
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....
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 vehicle occupants prima facie in conscious possession of contraband; twin conditions under Section 37 not satisfied despite trial delay.
Bail denied under NDPS Section 37 for commercial quantity as petitioner accompanying contraband bearer fled police sans explanation, failing twin conditions of reasonable belief in non-guilt and no r....
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