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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Rakesh Kainthla, J
Akshay 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 on 29.9.2023 for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short NDPS Act) registered vide FIR No. 131 of 2023, dated 29.9.2023, at Police Station Gagret, District Una, H.P. The prosecution case is false. The petitioner has been in custody since 29.9.2023. The charge sheet has been filed before the Court, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner had filed a bail petition earlier, which was dismissed on the ground that the petitioner has criminal antecedents and is likely to commit the offence in case of his release on bail. The rigours of Section 37 of the NDPS Act do not apply to the present case. The petitioner is an addict. He cannot be detained in custody till the conclusion of the trial; 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 28
Possession of an intermediate quantity of narcotics does not guarantee bail; each case must be assessed on its own facts considering societal implications.
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 denied in NDPS case to accused with multiple prior offences and absconding history, prioritizing criminal antecedents, repetition risk, trial presence security, and societal protection from drug....
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 accused's criminal history and the nature of the offence, with no entitlement to bail as a matter of right.
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
The Court ruled that bail cannot be granted in drug-related offenses without careful consideration of the accused's antecedents, emphasizing public safety.
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.
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....
Grant of bail under the NDPS Act requires meeting specific twin conditions, which were not satisfied, and mere delay in trial does not justify bail unless supported by substantial change in circumsta....
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