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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Govind Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
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 10 months. The prosecution was unable to complete the trial, and the prosecution has examined 12 witnesses. The conclusion of the trial would take considerable time, and the petitioner’s right to a speedy trial is being violated. The prosecution's version is highly improbable, and there is no chance of the petitioner’s conviction. The petitioner has deep roots in society, and there is no chance of his absconding. He would abide by 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 status report asserting that the police were on patrolling duty on 16.02.2023.
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.
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.
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 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 under the NDPS Act requires satisfaction of twin conditions: the accused must not be guilty and not likely to commit further offences while on bail.
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