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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajender Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity tramadol recovered from petitioner. (Para 1 , 2 , 3) |
| 2. parties contend on section 37 ndps rigours. (Para 4 , 5 , 6) |
| 3. bail demands judicious application of sc principles. (Para 7 , 8 , 9) |
| 4. section 37 mandates twin conditions for ndps bail. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. twin conditions unsatisfied; ndps bail denied. (Para 17 , 18 , 19 , 20 , 21) |
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
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Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied; presumptions of culpable mental state and possession under Sections 35 & 54 not rebutted by accused.
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 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....
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, residence in house with contraband recovery from common area establishes prima facie possession; bail denied as twin conditions under Section 37 not satisfied despi....
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.
Bail denied in commercial quantity NDPS case as twin conditions under Section 37 unsatisfied; minor weight discrepancy and examination of 15/23 witnesses negate claims of doubt or trial delay.
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