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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mahender Pun – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered; petitioner with co-accused. (Para 1 , 2 , 3) |
| 2. petitioner denies involvement; state claims abetment, section 37. (Para 4 , 5 , 6) |
| 3. bail considers offence gravity, accused role, antecedents. (Para 7 , 8 , 9 , 10 , 11) |
| 4. circumstances prima facie link petitioner to contraband. (Para 12 , 13) |
| 5. section 37 twin conditions mandatory for ndps bail. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. petitioner fails twin conditions; bail negation rule. (Para 20 , 21) |
| 7. cited case distinguished on facts. (Para 22) |
| 8. bail petition dismissed; limited to disposal. (Para 23 , 24 , 25) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 20 of 2024, dated 08.11.2024, registered at Police Station Manikaran at Kasol, District Kullu, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. It has been asserted that, as per the prosecution, the petitioner and the co-accused Daleep Budhha were found moving together on 08.11.2024. The police intercepted them and recovered 1.599 kgs of charas from the backpack bei
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 accused failed twin conditions of Section 37: no reasonable grounds to believe not guilty given prima facie conscious possession via concealment attemp....
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 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....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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.
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.
Bail in NDPS commercial quantity cases mandates twin conditions under Section 37: reasonable grounds (substantial probable cause) for believing accused not guilty and unlikely to reoffend; mere innoc....
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....
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