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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mureed Mohammad – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered from petitioner during nakabandi. (Para 1 , 2 , 3) |
| 2. petitioner claims innocence, delay; state urges section 37 rigours. (Para 4 , 5 , 6) |
| 3. bail requires considering offence gravity and sc parameters. (Para 7 , 8 , 9 , 10) |
| 4. section 37 ndps mandates twin conditions for commercial quantity bail. (Para 11) |
| 5. reasonable grounds needed for innocence belief and no reoffending. (Para 12 , 13 , 14 , 15) |
| 6. petitioner fails twin conditions; trial delay unproven. (Para 16 , 17) |
| 7. bail petition dismissed; observations limited to disposal. (Para 18 , 19 , 20) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 234 of 2024, dated 19.10.2024, registered at Police Station Sadar, District Chamba, H.P., for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘the NDPS Act’).
2. It has been asserted that the petitioner is a permanent resident of District Chamba. He was arrested for the commission of an offence punishable under Section 20 of the NDPS Act vide FIR No. 234 of 2024. The petitioner is innocent, and nothing in
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 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 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.
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.
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 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....
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.
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 NDPS commercial quantity case as vehicle occupants prima facie in conscious possession of contraband; twin conditions under Section 37 not satisfied despite trial delay.
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