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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajender Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 69 of 2024, dated 24.04.2024, registered in Police Station Dharampur, District Solan, H.P, for the commission of an offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985.
2. It has been asserted that, as per the prosecution, the police had searched the petitioner after completing the formalities on 24.04.2024 at 4:10 PM. The petitioner’s search led to the recovery of the capsules of Parivion Spas+, each containing 50 mg of Tramadol Hydrochloride. The total weight of the Tramadol was found to be 517.12 grams. The police arrested the petitioner. The allegations made against the petitioner are false. The investigation is complete, and the police have filed the charge sheet before the Court. No fruitful purpose would be served by detaining the petitioner in custody. FIR No. 90 of 2003, FIR No. 316 of 2007 and FIR No. 295 of 2015 were registered against the petitioner. He was acquitted in FIR No. 90 of 2003 and FIR No. 316 of 2007, whereas he was convicted in FIR No. 295/2015. The petitioner would abide by the terms and conditi
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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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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....
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 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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