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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Govind Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
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| 1. commercial quantity charas recovered from petitioner. (Para 1 , 3 , 11) |
| 2. petitioner claims speedy trial violation; state cites section 37. (Para 2 , 4 , 5 , 6) |
| 3. bail rule except for grave offences; judicious discretion required. (Para 7 , 8 , 9 , 10) |
| 4. section 37 twin conditions mandatory for ndps commercial quantity. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. petitioner fails section 37 twin conditions prima facie. (Para 18 , 19) |
| 6. bail court cannot assess witness discrepancies or credibility. (Para 20 , 21 , 22) |
| 7. delay partly by petitioner; insufficient without section 37 compliance. (Para 23 , 24 , 25 , 26) |
| 8. bail petition dismissed; limited to disposal. (Para 27 , 28 , 29) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 37 of 2023, dated 16.02.2023, registered at Police Station Sadar, District Bilaspur, H.P., for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’).
2. It has been asserted that the petitioner was arrested by the police on 16.02.2023. The petitioner has been behind bars for the last more than two years and
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 ....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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 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....
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.
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 court ruled that bail cannot be granted under the NDPS Act unless the accused satisfies the twin conditions of Section 37 concerning the likelihood of guilt and re-offense.
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.
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....
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