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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Parveen – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered from petitioner's vehicle. (Para 1 , 2 , 3) |
| 2. petitioner denies link; state applies ndps section 37. (Para 4 , 5 , 6 , 7) |
| 3. bail considers offence nature, evidence, witness tampering risk. (Para 8 , 9 , 10) |
| 4. vehicle co-occupants in conscious possession of contraband. (Para 11 , 12) |
| 5. section 37 mandates twin conditions for ndps bail. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. petitioner fails section 37 twin conditions; delay irrelevant. (Para 20 , 21 , 22 , 23 , 24) |
| 7. bail petition dismissed. (Para 25 , 26 , 27) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 150 of 2025, dated 14.09.2025, registered at Police Station Ghumarwin, District Bilaspur, H.P, for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act).
2. It has been asserted that the police had recovered 1.30 kgs of charas from the car of the main accused. The petitioner was arrested based on the suspicion that he was involved in the commission of the crime. The allegations against the petitioner are false,
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 cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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 NDPS commercial quantity case as accused failed twin conditions of Section 37: no reasonable grounds to believe not guilty given prima facie conscious possession via concealment attemp....
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.
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....
Vehicle occupants prima facie in conscious possession of commercial quantity contraband absent explanation; bail refused as twin conditions under Section 37 not satisfied: no reasonable grounds for b....
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 Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
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