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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Bhupinder Thakur – Appellant
Versus
State of HP – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 233 of 2024, dated 19.10.2024, registered at Police Station Nurpur, District Kangra, H.P., for the commission of offences punishable under Sections 20, 25 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 received information on 18.10.2024 that the petitioner and Jitender Kumar were transporting charas in a vehicle bearing registration No. T0424CH6911A. The police found the vehicle parked on the Kangra-Pathankot Road at about 2.00 AM. The petitioner and Jitender were sitting in the vehicle. The police searched the vehicle and recovered 3.575 kilograms of charas. The police arrested the petitioner and the co-accused and seized the charas. The prosecution's case is false, and no case is made out against the petitioner. The petitioner has been in custody since 19.10.2024. The investigation is complete, and the charge sheet has been filed before the Court. The matter was listed for recording the statements of prosecution witnesses on 25.3.2026. The statements of ten witnesses have been r
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.
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 occupants prima facie in conscious possession of contraband; twin conditions under Section 37 not satisfied despite trial delay.
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 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 rejected in NDPS commercial quantity case as petitioner failed Section 37 twin conditions; conscious possession from vehicle recovery established prima facie; medical disability and trial progre....
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....
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....
In NDPS commercial quantity cases, bail requires strict satisfaction of Section 37 twin conditions: reasonable grounds believing not guilty and no reoffending risk. Prolonged detention, trial delays ....
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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