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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Chet Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovered from petitioner's vehicle (Para 1 , 3 , 11) |
| 2. petitioner denies conscious possession as mere passenger (Para 2 , 5) |
| 3. bail principles require judicious consideration of factors (Para 4 , 7 , 8 , 9 , 10) |
| 4. section 37 rigours apply due to commercial quantity (Para 6) |
| 5. vehicle occupants deemed in conscious possession (Para 12 , 13) |
| 6. logbook discrepancies insufficient at bail stage (Para 14) |
| 7. twin conditions under section 37 not satisfied (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 8. arrest grounds communication applies prospectively (Para 23) |
| 9. ndps overrides general bail rule exception (Para 24) |
| 10. bail petition dismissed with limited observations (Para 25 , 26 , 27) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail, in FIR No. 131 of 2024, dated 17.11.2024, registered at Police Station Palampur, District Kangra, H.P., for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. It has been asserted that the grounds of arrest were not communicated to the petitioner. The petitioner has remained
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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 – No person accused of an offence involving trade in a commercial quantity of narcotics is liable to be released on bail.
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 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....
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