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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Gurpreet Singh - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr. MP(M) No. 3043 of 2025
Decided On : 13-03-2026
| Table of Content |
|---|
| 1. petitioner seeks ndps bail post commercial charas recovery. (Para 1 , 2 , 3) |
| 2. petitioner claims false implication; state invokes section 37. (Para 4 , 5 , 6) |
| 3. bail governed by supreme court enunciated judicious parameters. (Para 7 , 8 , 9) |
| 4. vehicle driver prima facie in conscious possession of contraband. (Para 10 , 11 , 12) |
| 5. commercial quantity triggers section 37 ndps bail restrictions. (Para 13 , 14) |
| 6. section 37 demands reasonable belief of non-guilt and no reoffence. (Para 15 , 16 , 17 , 18 , 19) |
| 7. petitioner fails section 37 twin conditions satisfaction. (Para 20) |
| 8. trial delay or bail-rule plea insufficient sans section 37. (Para 21 , 22 , 23 , 24) |
| 9. bail petition dismissed; observations bail-specific only. (Para 25 , 26 , 27) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 47 of 2025, dated 03.05.2025, 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 Act, 1985 (NDPS Act).
2. It has been asserted that the petitioner is innocent and that he has not committed any offence. Investigation is complete and no recovery is to be made from the petitioner. The petitioner was married in November, 2024. Petitioner has deep roots in the society. He is permanent resident of Punjab. He is running a gym at Jasoor. No fruitful purpose would be served by detaining the petitioner in custody. There is no chance of his absconding. The petitioner 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 had set up a nakka at 32 miles on 03.05.2025 at 3.40 A.M. Gagan Singh and Shubham came towards the police and started talking to them. A vehicle bearing registration No. HP-38J-1001 came from Kangra. The police signalled the driver to stop, however, the driver tried to reverse the vehicle. The police became suspicious and stopped the vehicle. The driver identified himself as Gurpreet Singh (petitioner), and the person sitting beside him identified himself as Rohit. The police checked the vehicle and recovered a carry bag containing 1 Kg 122 grams of charas. The police seized the charas and arrested the occupants of the vehicle. The charas was sent to SFSL, and as per the report, it was confirmed to be an extract of cannabis and a sample of charas. The police also arrested the other persons based on call detail records, WhatsApp chat and financial transactions. The police filed the charge sheet before the learned Trial Court on 27.10.2025, and the matter was listed on 03.03.2026. Hence, the status report.
4. I have heard Mr Sudhir Thakur, learned Senior Advocate, assisted by Mr Karun Negi, Advocate, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State.
5. Mr Sudhir Thakur, learned Senior Counsel for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. The presence of the independent witnesses on the spot is highly doubtful. The police have filed the charge sheet before the Court, and the trial has not yet commenced, which is violative of the petitioner’s right to a speedy trial. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.
6. Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State, submitted that the petitioner was found in possession of 1 Kg, 122 grams of charas, which is a commercial quantity. Hence, the rigours of Section 37 of the NDPS Act apply to the present case. The petitioner has not satisfied the twin conditions laid down in of the NDPS Act. Therefore, he prayed that the present petition be dismissed.
7. I have given considerable thought to the submissions made at the bar and have gon
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 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 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.
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 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 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....
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....
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