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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Bhupinder Thakur – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. factual background of bail application. (Para 1 , 2) |
| 2. prosecution's version of the incident. (Para 3) |
| 3. arguments presented by both parties. (Para 5 , 6) |
| 4. legal framework and principles for granting bail. (Para 8 , 10 , 11) |
| 5. interpretation of section 37 ndps act. (Para 12 , 13 , 14) |
| 6. conclusion of the petition and dismissal. (Para 19 , 21 , 24 , 25 , 26) |
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-accu
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 in NDPS commercial quantity cases denied absent court satisfaction of twin Section 37 conditions, even with prolonged incarceration or trial delay; vehicle occupants prima facie in conscious pos....
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 commercial quantity NDPS case as petitioner failed Section 37 twin conditions despite prolonged custody and trial delay; vehicle occupants prima facie in conscious possession.
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.
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 in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds believing accused not guilty and unlikely to commit offence on bail; red-handed arr....
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