IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Ravinder 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 F.I.R. No. 191 of 2024, dated 14.11.2024, for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) registered at Police Station Kangra, H.P. The prosecution case is based on the absurd, baseless and imaginary story. No case is made out against the petitioner. Two cases are pending against him in which he was granted bail. He was exonerated in another case. The petitioner had no role in the commission of crime. No recovery was made from him. The petitioner has a 40% disability in his left leg. The petitioner would abide by all the terms and conditions which the Court may impose. Hence, the petition.
2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 14.11.2024. They found a vehicle bearing registration No. HP-40A-8578 parked near Smella Railway Station, Link Road, at 6:30 p.m. The police went to the vehicle and found that three persons were sitting in it. They could not give any sati
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
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....
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 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.
Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.
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.
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....
Possession of an intermediate quantity of narcotics does not guarantee bail; each case must be assessed on its own facts considering societal implications.
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 denied in NDPS case with intermediate contraband quantity due to prior similar conviction, recovery inconsistent with self-consumption, criminal antecedents, repetition risk, and societal drug m....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.