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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sanjay Kumar @ Chapan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petition seeking regular bail in FIR No. 62 of 2025, dated 06.04.2025, registered at Police Station Dharamshala, District Kangra, H.P., for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Since both petitions have arisen out of the same FIR, they are being taken up together for convenience.
2. It has been asserted that the petitioners were arrested on 06.04.2024 and have been in custody since then. As per the prosecution, 1.246 kg of cannabis was recovered from the house of the petitioner, Sanjay Kumar @ Chapan. The investigation is complete, and no fruitful purpose would be served by detaining the petitioners in custody. The petitioners were not informed of the grounds of arrest, which is a violation of their constitutional right provided under Article 22 of the Constitution of India. Bail is the rule and jail is the exception. There is no legally admissible evidence against the petitioners. The petitioners would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petitions be allowed and
In NDPS commercial quantity cases, bail denied absent satisfaction of Section 37 twin conditions: reasonable grounds believing accused not guilty and unlikely to reoffend while on bail.
Bail – No person accused of an offence involving trade in a commercial quantity of narcotics is liable to be released on bail.
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 vehicle occupants prima facie in conscious possession of contraband; twin conditions under Section 37 not satisfied despite trial delay.
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 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....
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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