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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Kunal Kumar – Appellant
Versus
State of H.P. - – 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 in FIR No. 05 of 2024, dated 26.01.2024, for the commission of offences punishable under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ND&PS Act) registered at Police Station Parwanoo, District Solan, H.P. As per the prosecution, the police checked the bus bearing registration No. CH-01GA-8195. The petitioner and the co-accused were found occupying seats No. 35 and 34, respectively. The petitioner had acarry bag, and police found 6.21 grams of heroin while checking it. The police arrested the petitioner and the co-accused. The petitioner has been in judicial custody since 26.01.2024. The co- accused has been released on bail. The petitioner is entitled to bail on the principle of parity. The quantity of heroin stated to have been recovered from the possession of the petitioner is just above the small quantity, and the rigours of Section 37 of the ND&PS Act do not apply to the present case. The petitioner had earlier filed a bail petition, bearing Cr.MP No. 1101 of 2024, which w
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.
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....
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....
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....
Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.
Bail for accused with prior offenses requires careful scrutiny; strong evidence existing against the petitioner precludes bail despite claimed trial delays.
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
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....
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, ....
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