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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Gopal Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking pre-arrest bail in FIR No. 08 of 2025, dated 24.01.2025, for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, (ND&PS Act), registered at the Police Station, Chopal, District Shimla, H.P. It has been asserted that the petitioner was falselyimplicated. He is not involved in the commission of the offence. The allegations against the petitioner are false. No recovery was effected from the petitioner and there is no witness to the recovery of the charas. The petitioner is a permanent resident of Gram Panchayat Lingzar. He has deep roots in the society and there is no possibility of his absconding. The petitioner would abide by 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 were on patrolling duty on 24.01.2025 when they received secret information at about 4.10 PM at Nakoda bridge that Gopal Singh (present petitioner) was involved in the sale and purchase of charas. The police reduced the information into writing and kept it with themse
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious narcotics cases where custodial interrogation is necessary.
Anticipatory bail is an extraordinary remedy, granted sparingly, especially in serious offences like narcotics, where custodial interrogation is necessary.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases involving narcotics, where custodial interrogation is essential for effective investigation.
The court ruled that co-accused statements are inadmissible evidence, and insufficient evidence exists to justify continued detention, leading to bail being granted with specific conditions.
Successive NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such ....
The court ruled that the petitioner, charged with possession of an intermediate quantity of narcotics, is entitled to bail due to prolonged custody and insufficient prosecution progress.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in narcotics cases where custodial interrogation is necessary.
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