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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.
Bail denied in NDPS case with intermediate heroin quantity due to prima facie conscious possession in own house, rejection of parity over differing co-accused roles, and criminal antecedents indicati....
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....
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....
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....
Bail denied in NDPS case with intermediate quantity due to criminal antecedents under NDPS, risk of repetition, and societal drug menace, emphasizing balanced consideration of liberty against public ....
Bail denied in NDPS intermediate quantity case due to criminal antecedents, prior bail violation via similar offence, and prima facie conscious possession from presence at recovery site.
Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.
The Court ruled that bail cannot be granted in drug-related offenses without careful consideration of the accused's antecedents, emphasizing public safety.
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