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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Nisha Devi – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. recovery of commercial charas from petitioner's bag alleged. (Para 2 , 3) |
| 2. bail discretion requires considering offence gravity, antecedents. (Para 4 , 7 , 8 , 9 , 10) |
| 3. petitioner claims innocence; state invokes section 37 rigours. (Para 5 , 6) |
| 4. status report shows prima facie possession of charas. (Para 11) |
| 5. co-accused confession inadmissible under evidence act, crpc. (Para 12 , 13 , 14) |
| 6. commercial quantity charas attracts section 37 ndps. (Para 15 , 16 , 17) |
| 7. section 37 twin conditions mandatory for ndps bail. (Para 18 , 19 , 20 , 21 , 22) |
| 8. twin conditions unsatisfied; ndps bail negation rule. (Para 23 , 24) |
| 9. bail petition dismissed; observations limited to disposal. (Para 25 , 26 , 27) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 111 of 2025, dated 15.6.2025, registered at Police Station Barmana, District Bilaspur, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).
2. It has been asserted that, as per the prosecution, the petitioner was accompanying her father in a bus. The police recovered 2.42 kilograms
In NDPS commercial quantity cases, bail requires court satisfaction of twin conditions under Section 37: reasonable grounds accused not guilty and unlikely to reoffend; co-accused confessional statem....
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....
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 unless twin conditions under Section 37 satisfied: reasonable grounds accused not guilty and unlikely to reoffend; negation of bail is rule, grant except....
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....
Bail denied under NDPS Section 37 for commercial quantity as petitioner accompanying contraband bearer fled police sans explanation, failing twin conditions of reasonable belief in non-guilt and no r....
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.
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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