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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Uttam Ram – 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 falsely implicated; state invokes section 37. (Para 4 , 5 , 6) |
| 3. bail discretion exercised judiciously per supreme court principles. (Para 7 , 8 , 9) |
| 4. vehicle possession and commercial quantity trigger section 37. (Para 10 , 11 , 12) |
| 5. twin conditions mandatory for ndps commercial quantity bail. (Para 13 , 14 , 15 , 16 , 17) |
| 6. petitioner fails section 37 twin conditions test. (Para 18) |
| 7. bail denial is rule in ndps commercial cases. (Para 19 , 20 , 21 , 22) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 69 of 2025, dated 23.05.2025, registered in Police Station Balh (sic), District Mandi, H.P. for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985.
2. It has been asserted that, as per the prosecution, the police recovered 1.502 Kilograms of charas from the car bearing registration No. HP-76-6108 on 23.05.2025. The police arrested Himmat Ram on the spot. The petitioner was arrested on 27.06.2025 after a delay of one month
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 vehicle owner prima facie in conscious possession of concealed charas absent explanation; twin conditions of Section 37 not satisfied – reasonable grou....
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....
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.
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 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.
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....
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