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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Shagun – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered from vehicle with petitioner aboard (Para 1 , 2 , 3) |
| 2. petitioner claims innocent passenger; state invokes ndps sec 37 (Para 4 , 5 , 6) |
| 3. bail requires judicious consideration of case factors (Para 7 , 8 , 9) |
| 4. vehicle occupants presumed in conscious possession of contraband (Para 10 , 11) |
| 5. section 37 demands reasonable belief of non-guilt and no reoffence (Para 12 , 13 , 14 , 15 , 16) |
| 6. petitioner fails twin conditions; bail petition dismissed (Para 17 , 18 , 19 , 20) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 83 of 2023, dated 25.09.2023, registered at Police Station Panchrukhi, District Kangra (HP), for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS” Act).
2. It has been asserted that, as per the prosecution, the police intercepted a scooty bearing registration No. HP37F-3170 and a car bearing registration No. HP 37F-7813 on 25.09.2023 at 02.20 AM. These were checked in the presence of two independent witnesses. One light pink carry bag was recovered f
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 accused failed twin conditions of Section 37: no reasonable grounds to believe not guilty given prima facie conscious possession via concealment attemp....
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 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....
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 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.
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....
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....
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