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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mukesh Thakur – 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 denies knowledge; state asserts possession. (Para 4 , 5 , 6 , 7) |
| 3. bail requires judicious consideration of offence nature. (Para 8 , 9) |
| 4. vehicle occupants in conscious possession of contraband. (Para 10 , 11) |
| 5. section 37 imposes twin conditions for ndps bail. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. petitioner fails ndps section 37 twin conditions. (Para 19 , 20) |
| 7. bail petition dismissed; observations bail-limited. (Para 21 , 22 , 23) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 112 of 2024, dated 25.09.2024, registered in Police Station Palampur, 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 police intercepted a car, which was being driven by Amar Singh, and the petitioner was sitting on the passenger seat. The police checked the car and found 1.412 kgs of charas concealed in a chamber behind the left headlight of the vehicle. The petitioner is innocent. No rec
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