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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Shanu Maya Taamad – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered from vehicle occupants. (Para 1 , 2 , 3) |
| 2. parties contend on innocence, possession, and section 37. (Para 4 , 5 , 6) |
| 3. strict supreme court parameters for ndps bail. (Para 7 , 8 , 9 , 10) |
| 4. conscious possession presumed for vehicle co-travellers. (Para 11 , 12 , 13) |
| 5. mandatory twin conditions under section 37 ndps. (Para 14 , 15 , 16 , 17 , 18) |
| 6. ndps section 37 overrides crpc women concessions. (Para 19 , 20) |
| 7. bail denied for failing section 37 conditions. (Para 21 , 22 , 23 , 24) |
JUDGMENT :
Rakesh Kainthla, Judge
The petitioner has filed the present petition for seeking regular bail in FIR No. 194 of 2024, dated 26.11.2024, registered at Police Station, Ghumarwin, District Bilaspur, for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
2. It has been asserted that the petitioner is a citizen of Nepal. As per the prosecution, the police intercepted a vehicle bearing registration No. DL-5CJ-3249. The petitioner was occupying the front seat, and Khem Kumari was occupying the rear seat in the vehicle. Dhan Raj was driving the vehicle. The police fo
In NDPS commercial quantity cases, vehicle occupants presumed in conscious possession unless rebutted; bail denied unless twin conditions under Section 37 satisfied – reasonable belief of innocence a....
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....
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....
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.
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....
Passenger in private vehicle with commercial quantity contraband prima facie in conscious possession if linked to co-accused via call records; must rebut presumption and satisfy Section 37 twin condi....
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 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....
In NDPS commercial quantity cases, vehicle passengers prima facie in conscious possession of recovered contraband; bail denied absent satisfaction of Section 37 twin conditions: not guilty and unlike....
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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