Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Dimpal alias Dimple Dhiman – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 07 of 2025, dated 07.01.2025, registered at Police Station Rajgarh, District Sirmaur, 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, as per the prosecution, the police were on patrolling duty on 07.01.2025. They received secret information at around 6:00 p.m. at near Koti Deedag that the accused was transporting Charas. A huge quantity of charas could be recovered by his search. The information was credible. It was reduced to writing and was sent to Sub Divisional Police Officer (SDPO), Rajgarh The police associated Dheeraj Kumar and found the petitioner on the roadside with a carry bag. The police recovered 1.119 kg of charas from the carry bag. The petitioner had ealrier filed Cr.MP(M) No. 281 of 2025, which was withdrawn on 22.09.2025, and Cr.MP(M) No.1323 of 2025, which was dismissed on 23.07.2025. The petitioner has been behind bars for more than one year, and the petitioner’s right to a speedy trial is being violated. The petitioner’s Aad
Successive NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such ....
Successive bail applications require a material change in circumstances; mere delay in trial does not meet the statutory conditions for bail under Section 37 of the NDPS Act.
Grant of bail under the NDPS Act requires meeting specific twin conditions, which were not satisfied, and mere delay in trial does not justify bail unless supported by substantial change in circumsta....
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....
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.
Successive bail applications require substantial change in circumstances; filing charge sheet does not qualify as such, nor does unproven trial delay. Courts must exercise restraint to uphold judicia....
Bail – No person accused of an offence involving trade in a commercial quantity of narcotics is liable to be released on bail.
Bail denied in NDPS commercial quantity case as vehicle owner prima facie in conscious possession of concealed charas absent explanation; twin conditions of Section 37 not satisfied – reasonable grou....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
