Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Vivek Sharma – Appellant
Versus
NCB – Respondent
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 going from Tissa along with one Rakesh Kumar and one lady in a vehicle bearing registration No. PB-07Y-2385. They had concealed a huge quantity of charas in the vehicle. The information was presented to Sandeep Kumar Yadav, who formed a team. Local police officials were associated and the vehicle was intercepted. The driver identified himself as Rakesh Kumar. The person sitting in the front seat identified himself as Vivek Sharma (the present petitioner), and the woman sitting in the rear seat identified herself as Praveen Kumari. The vehicle was searched after completing the formalities, and 1.950 kilograms of charas was recovered. The samples were taken. The occupants were arrest
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.
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 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 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....
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 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
