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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Kewal – 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's delay/innocence vs. state's section 37 rigours. (Para 4 , 5 , 6) |
| 3. bail parameters: offence gravity, antecedents, tampering risk. (Para 7 , 8 , 9 , 10) |
| 4. section 37 twin conditions unsatisfied: non-guilt belief, no reoffence. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. no undue trial delay after eight witnesses examined. (Para 17) |
| 6. bail petition dismissed; observations limited to disposal. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in FIR No. 190 of 2023, dated 10.12.2023, for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “ND&PS”) registered at Police Station Damtal, District Kangra (HP).
2. It has been asserted that, as per the prosecution, the police intercepted a vehicle bearing registration No. HP 01C-1826. The driver revealed his name as Kewal (petitioner), and another person occupying the front seat revealed his name as Maan Singh. The police checked the vehicle and recovered 2.500 kg of c
Bail denied under NDPS Section 37 as petitioner with prima facie possession of commercial quantity charas failed twin conditions: no reasonable grounds believing not guilty and likely to reoffend; tr....
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 commercial quantity NDPS case as petitioner failed Section 37 twin conditions despite prolonged custody and trial delay; vehicle occupants prima facie in conscious possession.
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 in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds believing accused not guilty and unlikely to commit offence on bail; red-handed arr....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
For bail in NDPS Act cases involving commercial quantity, the accused must establish reasonable grounds of innocence and lack of likelihood to commit further offenses, per Section 37.
The standard for bail under the NDPS Act requires proof of innocence and no likelihood of reoffending; mere claims of trial delays are insufficient for release.
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....
Bail in NDPS commercial quantity cases denied absent court satisfaction of twin Section 37 conditions, even with prolonged incarceration or trial delay; vehicle occupants prima facie in conscious pos....
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