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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Asleem – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks bail after charas recovery from vehicle. (Para 1 , 2 , 3) |
| 2. parties argue innocence vs. section 37 rigours. (Para 4 , 5 , 6) |
| 3. bail parameters from supreme court precedents. (Para 7 , 8 , 9) |
| 4. vehicle occupants in conscious possession of contraband. (Para 10 , 11) |
| 5. twin conditions under section 37 not satisfied. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. delay alone insufficient for ndps bail. (Para 19 , 20 , 21 , 22) |
| 7. bail petition dismissed; observations limited. (Para 23 , 24 , 25) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in FIR No.132/2023, dated 12.12.2023, registered at Police Station Banjar, District Kullu, for the commission of offences punishable under Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called as NDPS Act in short).
2. It has been asserted that the petitioner was falsely implicated in the present case. The police have filed a charge sheet, and no fruitful purpose would be served by detaining the petitioner in custody. Petitioner would abide by all the terms & conditions, which the Court may impose upon him; hence, it was praye
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.
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 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.
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 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....
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 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....
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 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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