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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Mohinder Sharma – 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. 170 of 2024, dated 19.10.2024, for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) registered at Police Station Kangra, H.P.
2. As per the prosecution, the police recovered 6.07 grams of heroin during the personal search of the accused. The petitioner is innocent, and he was falsely implicated. The rigours of Section 37 of the NDPS Act do not apply to the present case because the quantity stated to have been recovered from the petitioner’s possession is an intermediate quantity. The petitioner is a permanent resident of District Kangra, and there is no chance of his absconding. The investigation is complete, and the charge sheet has been filed before the Court. The matter was listed for consideration of charge on 22.02.2025 and there is no likelihood of early completion of trial. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence, the present petition.
3. The petition is opposed by filing a
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.
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....
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.
Bail for accused with prior offenses requires careful scrutiny; strong evidence existing against the petitioner precludes bail despite claimed trial delays.
Successive NDPS bail applications require material change like trial progress and long incarceration; antecedents not bar if substantial sentence undergone and speedy trial violated. Bail granted des....
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 ....
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....
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....
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