Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Kuldeep Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 23 of 2025, dated 2.3.2025, registered at Police Station, Solan, District Solan, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘the ND&PS Act’). He is a permanent resident of Village Bharandi, Post Office Tehsil Junga, District Shimla, H.P. As per the prosecution, 14.44 grams of heroin was recovered from the possession of the petitioner. The police have completed the investigation, and custody of the petitioner is not required. The quantity of the heroin stated to have been recovered from the possession of the petitioner is intermediate, and the rigours of Section 37 of the ND&PS Act do not apply to the present case. The petitioner has roots in society, and there is no chance of his absconding. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 2.3.2025. They received infor
The court established that the parameters for granting bail must ensure the accused's presence during trial, emphasizing the need for reasonable conditions and the concept of conscious possession in ....
The court ruled that the rigours of Section 37 of the ND&PS Act do not apply as the quantity of heroin is less than commercial, allowing bail with conditions.
The court ruled that the rigours of Section 37 of the NDPS Act do not apply to the petitioner as the quantity of heroin is intermediate, allowing for bail under reasonable conditions.
The court established that possession of narcotics must be conscious, and bail may be granted based on the absence of criminal antecedents and the nature of the offence.
Front passenger in vehicle with intermediate heroin quantity has prima facie conscious possession; bail granted to first-time offender likely for personal use, no Section 37 rigours, societal roots, ....
Bail may be granted based on special circumstances, such as the accused's family obligations, despite prior criminal history.
Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
In NDPS cases with intermediate narcotic quantity, Section 37 rigours inapplicable; regular bail granted on parity with co-accused, trial delay, and prolonged detention, upholding bail as rule absent....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
