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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Akash Goyal – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3) |
| 2. court's analysis and reasoning for bail decision (Para 4 , 7 , 11 , 12 , 13 , 17 , 18 , 19) |
| 3. arguments of the parties regarding bail (Para 5 , 6) |
| 4. judicial standards for bail under ndps act (Para 8 , 9 , 10 , 14 , 15 , 16) |
| 5. final ruling on the petition (Para 21 , 22) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 267 of 2025, dated 4.12.2025, registered at Police Station Paonta Sahib, District Sirmour, H.P., for the commission of offences punishable under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
2.It has been asserted that, as per the prosecution’s story, the police were on patrolling duty on 3.12.2025. They received a secret information at about 7.40 PM at Batapul, Paonta Sahib, that a vehicle bearing registration No. HR-51BS-9267, occupied by Arjun and Rahul Kapoor, was transporting a huge consignment of prohibited capsules and tablets from Haryana, which could be recovered by searching the vehicle. The police joined Joginder Singh as an independent witness, set up a naka ahead of the Behral check post, and i
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied: no reasonable grounds believing not guilty and risk of reoffending on bail.
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....
Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied; presumptions of culpable mental state and possession under Sections 35 & 54 not rebutted by accused.
In NDPS commercial quantity cases, residence in house with contraband recovery from common area establishes prima facie possession; bail denied as twin conditions under Section 37 not satisfied despi....
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....
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.
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 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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