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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Anubhav – 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. 57/2025 dated 20.03.2025 for the commission of offences punishable under Sections 21 , 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act registered at Police Station Sundernagar, District Mandi. The petitioner is innocent, and he was falsely implicated. As per the prosecution's case, the petitioner was found in possession of six grams of heroin. The heroin was weighed by the learned Magistrate during the proceedings under Section 52A of the NDPS Act, and its weight was found to be 5 grams, which is a small quantity. The petitioner is ready and willing to abide by the terms and conditions which the Court may impose. 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 20th March, 2025 when they found a car bearing registration no. HP-23 D-4087 parked on the road. The police checked the car in the presence of two independent witnesses. The driver
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.
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.
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, ....
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 ....
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....
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.
Female petitioner granted bail in NDPS case with intermediate contraband quantity from shared room despite possession presumption, due to special gender consideration, no antecedents, and charge-shee....
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....
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