IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Puni Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that FIR No. 308 of 2023, dated 21.10.2023, was registered against the petitioner for the commission of offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’). The petitioner apprehends his arrest under the FIR. The petitioner is innocent, and he was falsely implicated. He would abide by all the terms and conditions which the Court may impose. Hence, the present petition.
2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 21.10.2023 towards Malana. They found a cannabis crop growing on 12 bighas of land at Bachin Thach. The plants were found to be 85000. Ten plants were retained as samples, and the other plants were destroyed. One plastic bag containing 09.700 killograms of Cannabis seeds was also recovered. The police seized the plant, a control sample of soil and the bag containing cannabis seeds. These were sent to SFSL Junga, and as per result of the analysis, soil in the roots of the plants was found to be similar to the control sample. Ca
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 is an extraordinary remedy and should be granted sparingly, especially in cases involving economic offences and where custodial interrogation is necessary.
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, 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.
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 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.
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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