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SATYEN VAIDYA
Shivani – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
1. Both these petitions are being decided together as these arise out of the same FIR and involve common questions of facts and law.
2. Petitioners are accused in Case FIR No.52 of 2023, dated 27.02.2023 under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”), registered at Police Station Sadar Shimla, H.P.
3. Petitioners herein are husband and wife in relation. On 27.02.2023, when a police official named HASI Chet Ram had visited home stay named “Four Season B&B”, near Auckland Tunnel, Shimla for routine checking, the Manager of the said home stay had disclosed that on the night of 24.02.2023 the petitioners had visited “Four Seasons B&B” in Car No. CH-03V-7374 and stayed in room No.102. They had parked their car on the road in near vicinity. On 25.02.2023, they had left the hotel by leaving the keys with the Manager on the pretext that they were going out and would return back. They had instructed the Manager of the hotel that their luggage was lying inside the room and room could be got cleaned in their absence. They had also left their vehicle parked on the road near “Four Season B & B”. Petitioners did n
Point of Law : Merely because the quantity of contraband recovered is less than commercial quantity may not by itself be sufficient to grant bail.
Bail in drug-related offences requires careful consideration of the nature of accusations, criminal history, and potential societal impact, with no automatic entitlement based on the quantity of drug....
Quantity of Chitta/Heroin allegedly recovered from possession of petitioner and her companion falls within intermediate quantity and therefore rigors of Section 37 of ND&PS Act, will not be applicabl....
Bail in drug-related offences requires careful consideration of the accused's criminal history and the nature of the offence, with no entitlement to bail as a matter of right.
The court ruled that bail is not a matter of right, especially for drug-related offences, and emphasized the importance of considering the accused's criminal antecedents and potential for re-offendin....
The presence of prior convictions and the nature of the crime necessitate a cautious approach to bail, emphasizing that release could pose a threat to society.
Vehicle occupants in conscious possession of intermediate heroin quantity recovered therein; bail denied despite no Section 37 rigours, considering drug menace, criminal antecedents, trafficking indi....
Bail denied in NDPS case with intermediate contraband quantity due to accused's criminal antecedents, prior similar offences, repetition risk, and societal drug menace, rejecting parity with co-accus....
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