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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Salima – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. factual basis for bail petition. (Para 1 , 2 , 3) |
| 2. petitioner's claims about false implications and evidence. (Para 4 , 5) |
| 3. state's assertion of involvement and evidence. (Para 6) |
| 4. conscious possession and its implications. (Para 10 , 11 , 12) |
| 5. interpretation of section 37 of the ndps act. (Para 13 , 14 , 15 , 16) |
| 6. rejection of bail request based on legal provisions. (Para 17 , 18 , 19 , 20 , 21) |
| 7. final ruling on bail application. (Para 22 , 23) |
By way of present petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner is seeking regular bail in case FIR No.302 of 2025 dated 26.12.2025 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”).
2. As per the prosecution story, on 26.12.2025 at around 12:00 noon, when the police team was checking the vehicles at Rampur Mor near Bandla, District Chamba, H.P., the petitioner who was coming from Tissa side was stopped for checking while she was driving a Red Scooty without a number plate. When the petitioner was asked why the number plate had not been installed on the Scooty, she replied that she was g
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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.
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 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 commercial quantity cases, vehicle occupants presumed in conscious possession unless rebutted; bail denied unless twin conditions under Section 37 satisfied – reasonable belief of innocence a....
In NDPS commercial quantity cases, vehicle passengers prima facie in conscious possession of recovered contraband; bail denied absent satisfaction of Section 37 twin conditions: not guilty and unlike....
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