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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Hem Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner arrested possessing 1.286kg commercial cannabis. (Para 1 , 2 , 3) |
| 2. petitioner alleges false implication, trial delay; state cites s.37. (Para 4 , 5 , 6) |
| 3. bail demands judicious consideration of offence nature, evidence. (Para 7 , 8 , 9) |
| 4. s.37 requires twin conditions for ndps commercial quantity bail. (Para 10 , 11) |
| 5. strict compliance with s.37 twin conditions mandatory per precedents. (Para 12 , 13 , 14 , 15 , 16) |
| 6. twin conditions unsatisfied; discrepancies minor, no trial delay. (Para 17 , 18 , 19) |
| 7. bail petition dismissed without merits prejudice. (Para 20 , 21 , 22) |
JUDGMENT :
Rakesh Kainthla, Judge
The petitioner has filed the present petition for seeking regular bail in F.I.R. No.113/2023, dated 08.11.2023, registered at Police Station, Padhar, District Mandi, H.P., for the commission of offences punishable under Sections 20 & 29 Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS Act).
2. It has been asserted that the petitioner was arrested by the police at Galu Ra Naal on 08.11.2023 at about 1:50 P.M. The quantity/weight of the contraband mentioned in the F.I.R.and FSL report is different. The petitioner is innocent, and he was falsely
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The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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