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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Kamlesh 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. 195 of 2024, dated 04.11.2024, for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) registered with the Police station West Boileauganj, Shimla. The petitioner is innocent, and he was falsely implicated. The petitioner does not have any criminal history, and he is not likely to commit the offence in case of his release on bail. He 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 stopped a bus bearing registration No. HP-64A-3814 for checking on 04.11.2024. The petitioner was occupying seat No.30, and Jitender Kumar was occupying seat No.31. The petitioner had concealed a plastic bag, which was checked. It was found to be containing 7.500 grams of heroin. The police seized the heroin and arrested the petitioner and Jitender Kumar. The petitioner revealed on inquiry that the heroin was purchased from Deepak
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....
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....
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.
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 presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
The court emphasized that possession of narcotics and prior criminal history are critical factors against granting bail, and the principle of parity must consider the role of the accused.
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....
Possession of an intermediate quantity of narcotics does not guarantee bail; each case must be assessed on its own facts considering societal implications.
The Court ruled that bail cannot be granted in drug-related offenses without careful consideration of the accused's antecedents, emphasizing public safety.
Bail denied in NDPS case with intermediate contraband quantity due to accused's criminal antecedents, prior similar offences, repetition risk, and societal drug menace, rejecting parity with co-accus....
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