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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Kehar Singh – Appellant
Versus
State of H.P. - – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition seeking pre-arrest bail. It has been asserted that police registered F.I.R. No. 59 of 2024, dated 07.04.2024, for the commission of an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) at Police Station Banjar, District Kullu, H.P. As per prosecution case the police party was on patrolling duty on 07.04.2024 and they found opium poppy plants growing in an apple orchard. The plants were counted and found to be 4760. The petitioner has nothing to do with the commission of the offence. The petitioner apprehends that he would be arrested. 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 07.04.2024. They saw an orchard in which opium poppy plants were growing. The police called Dile Ram, who told the police that the field belonged to the petitioner. The police counted the plants and found them to be 4760. The police preserved alongwith their roots ten plants from different places and destroyed res
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.
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, granted sparingly, especially in serious offences like narcotics, where custodial interrogation is necessary.
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 that should be granted sparingly, especially in serious cases involving narcotics, where custodial interrogation is essential for effective investigation.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in narcotics cases where custodial interrogation is necessary.
Anticipatory bail under the NDPS Act should be granted sparingly, especially when custodial interrogation is necessary for serious offences.
The main legal point established is that bail should be granted when no prima facie case or reasonable grounds exist pointing towards the accusation, and the nature of the crime is a crucial factor i....
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious narcotics cases where custodial interrogation is necessary.
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