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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Rajnish @ Bunty – 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 for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) registered vide FIR No. 10 of 2024, dated 18.01.2024, at Police Station Rohru, District Shimla, H.P. As perthe prosecution, the police recovered 120 grams of Heroin from the petitioner. He has been in judicial custody for almost one year. The matter is now listed before the learned Trial Court on 9th and 10th January 2025 for recording prosecution evidence, however, few witnesses have been examined to date. The petitioner was falsely implicated and he has nothing to do with the commission of crime. The petitioner would abide by all the terms and conditions, which the Court may impose upon him.Hence, the present petition.
2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 18.01.2024, when the Inspector /SHO received information that the accused was transporting a huge quantity of heroin. The police completed codal formalities, intercepted
Bail for accused with prior offenses requires careful scrutiny; strong evidence existing against the petitioner precludes bail despite claimed trial delays.
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 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....
Possession of an intermediate quantity of drugs does not entitle the accused to bail as a matter of right; societal implications of drug abuse are significant in bail considerations.
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.
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....
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....
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.
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