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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Man Bahadur Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered from petitioner. (Para 1 , 2 , 3) |
| 2. petitioner claims delay; state invokes section 37. (Para 4 , 5 , 6) |
| 3. bail discretion requires judicious application of principles. (Para 7 , 8 , 9) |
| 4. red-handed arrest excuses grounds of arrest. (Para 10 , 11 , 12 , 13) |
| 5. section 37 mandates twin conditions for ndps bail. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. petitioner fails section 37 twin conditions. (Para 21) |
| 7. no speedy trial violation by prosecution. (Para 22) |
| 8. bail petition dismissed. (Para 23 , 24 , 25) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 248 of 2023, dated 18.08.2023, registered at Police Station Sadar Kullu, District Kullu, H.P., for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’)
2. It has been asserted that the petitioner was arrested in a false F.I.R. The police filed the charge-sheet before the learned Trial Court on 28.09.2023. Charges were framed against the petitioner on 27.04.2024. The prosecution has cited fifteen witnesses, out of whom only seven have been examine
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....
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 mandates twin conditions under Section 37: reasonable grounds (substantial probable cause) for believing accused not guilty and unlikely to reoffend; mere innoc....
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 cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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....
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.
In NDPS commercial quantity cases, bail requires strict satisfaction of Section 37 twin conditions: reasonable grounds believing not guilty and no reoffending risk. Prolonged detention, trial delays ....
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 commercial quantity NDPS case as petitioner failed Section 37 twin conditions despite prolonged custody and trial delay; vehicle occupants prima facie in conscious possession.
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