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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Lal Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petitions for seeking pre-arrest bail. It has been asserted that FIR No. 15 of 2025, dated 01.03.2025, has been registered against the petitioners for the commission of an offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Police Station Renuka Ji, District Sirmour, HP. As per the prosecution's case, the police effected the recovery of 125 capsules containing 61 grams of tramadol. The quantity of Tramadol is intermediate, and the rigours of Section 37 do not apply to the present case. There is a violation of Section 42 (d) and Section 50 of the NDPS Act. The petitioners are innocent, and they were falsely implicated. They would join the investigation as and when called upon to do so. They would not tamper with the prosecution evidence and would abide by all the terms and conditions, which the Court may impose; hence, the petition.
2. The petitions are opposed by filing a status report asserting that the police party was on patrolling duty on 01.03.2025. A motorcycle bearing registration No. HP-71A-4955 came from Tirmali. The rider of the motorcycle was not wearing a h
Pre-arrest bail under the NDPS Act is extraordinary and should be granted sparingly, especially when custodial interrogation is necessary for effective investigation.
Anticipatory bail is an extraordinary remedy, granted sparingly, especially in serious offences like narcotics, where custodial interrogation is necessary.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases involving narcotics, where custodial interrogation is essential for effective investigation.
Anticipatory bail under the NDPS Act should be granted sparingly, especially when custodial interrogation is necessary for serious offences.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in narcotics cases where custodial interrogation is necessary.
The court emphasized that anticipatory bail in narcotics cases should be granted sparingly, balancing individual rights with public interest and the necessity of effective investigation.
Anticipatory bail under the NDPS Act is an extraordinary remedy, granted sparingly, especially when custodial interrogation is necessary for effective investigation.
Anticipatory bail is an extraordinary remedy and should be granted sparingly, especially in cases involving economic offences and where custodial interrogation is necessary.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious narcotics cases where custodial interrogation is necessary.
The main legal point established in the judgment is the necessity of strict enforcement and custodial interrogation for effective investigation in drug trafficking cases under the NDPS Act.
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