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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Kamlesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
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| 1. court's final decision on dismissing the bail application. (Para 21) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 50 of 2024, dated 03.06.2024, registered for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (ND&PS Act) at Police Station Panchrukhi, District Kangra, H.P.
2. It has been asserted that, as per the prosecution, the police party intercepted a vehicle bearing registration No. HP01D-7921. The driver revealed his name as Om Parkash, the person sitting on the front seat revealed his name as Dharam Singh, and the person sitting on the rear seat revealed his name as Kamlesh Kumar. The police searched the vehicle in the presence of two independent witnesses and recovered 2.18 kilograms of charas. The petitioner is innocent, and he has not committed any crime. The petitioner was arrested more than one year and two months ago; however, the prosecution’s evidence has not commenced. The petitioner is a permanent resident of the district Mandi, and he has roots in the society. He would abide by all the terms and conditi
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 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....
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 NDPS commercial quantity case as vehicle occupants prima facie in conscious possession of contraband; twin conditions under Section 37 not satisfied despite trial delay.
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 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....
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....
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....
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