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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Nittu – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered from vehicle with petitioner. (Para 1 , 2 , 3) |
| 2. petitioner claims no possession; state applies section 37. (Para 4 , 5 , 6) |
| 3. bail considers offence gravity, evidence, antecedents. (Para 7 , 8 , 9 , 10) |
| 4. vehicle occupants have conscious possession of contraband. (Para 11 , 12) |
| 5. section 37 requires twin conditions for ndps bail. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 6. petitioner fails section 37 not guilty test. (Para 19) |
| 7. delay alone insufficient for ndps bail. (Para 20 , 21 , 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. 257 of 2023, dated 8.11.2023, registered at Police Station, Sadar, District Bilaspur, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).
2. It has been asserted that, as per the prosecution, the police party was on patrolling duty on 8.11.2023. They intercepted a car bearing registration No. HP-11C-9294. The police checked the car in the presence of Roop Lal and found 3.670 kilograms of charas in it. The prosecuti
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....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
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 commercial quantity NDPS case as petitioner failed Section 37 twin conditions despite prolonged custody and trial delay; vehicle occupants prima facie in conscious possession.
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.
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.
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 accused failed twin conditions of Section 37: no reasonable grounds to believe not guilty given prima facie conscious possession via concealment attemp....
In NDPS commercial quantity cases, vehicle occupants known to each other prima facie deemed in conscious possession; bail requires satisfaction of Section 37 twin conditions despite hostile witness o....
Bail rejected in NDPS commercial quantity case as petitioner failed Section 37 twin conditions; conscious possession from vehicle recovery established prima facie; medical disability and trial progre....
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