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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ashok Kumar – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. petition for bail filed by the accused. (Para 1 , 2) |
| 2. arguments presented by both sides regarding bail. (Para 3 , 5 , 6) |
| 3. consideration of bail parameters clarified. (Para 8 , 10 , 11 , 12) |
| 4. requirements of section 37 of the ndps act emphasized. (Para 14 , 15 , 16 , 22) |
| 5. petition dismissed with no merit found. (Para 24 , 25) |
Judgment :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 78 of 2024, dated 06.05.2024, registered at Police Station Jawali, District Kangra, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985
2. It has been asserted that the petitioner has not committed any offence, and he was falsely implicated. The petitioner is 49 years and he has a large family to support. The police have filed the charge-sheet, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by all the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a stat
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.
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 commercial quantity NDPS case as petitioner failed Section 37 twin conditions despite prolonged custody and trial delay; vehicle occupants prima facie in conscious possession.
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....
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....
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.
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 in NDPS commercial quantity cases mandates twin conditions under Section 37: reasonable grounds (substantial probable cause) for believing accused not guilty and unlikely to reoffend; mere innoc....
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.
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