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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Vivek Sharma – Appellant
Versus
NCB – Respondent
| Table of Content |
|---|
| 1. commercial charas recovered from vehicle occupants. (Para 2 , 3) |
| 2. petitioner claims innocence; respondent s37 rigours. (Para 4 , 5 , 6) |
| 3. bail parameters from supreme court precedents. (Para 7 , 8 , 9 , 10) |
| 4. occupants have conscious possession per madan lal. (Para 11 , 12) |
| 5. commercial quantity invokes ndps s37 twin conditions. (Para 13 , 14) |
| 6. s37 requires reasonable non-guilt belief. (Para 15 , 16 , 17 , 18 , 19) |
| 7. petitioner fails s37 twin conditions. (Para 20) |
| 8. delay, health yield to s37 mandate. (Para 21 , 22 , 23 , 24 , 25) |
| 9. petitioner's precedents inapplicable here. (Para 26 , 27) |
| 10. bail petition dismissed; medical option open. (Para 29 , 30 , 31) |
JUDGMENT :
RAKESH KAINTHLA, J.
The petitioner has filed the present petition for seeking regular bail in Crime No. 52 of 2022, dated 21.7.2022, registered with the Narcotics Control Bureau, Sub Zone, Mandi, H.P., for the commission of offences punishable under Sections 8, 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).
2. It has been asserted that, as per the prosecution, the Intelligence Officer, Narcotics Control Bureau (NCB), received a secret information that Vivek Sharma was goin
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....
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.
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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.
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....
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.
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 in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds accused not guilty and unlikely to reoffend; negation of bail is rule, grant except....
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....
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