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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ashok – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. petition for bail in drug-related offenses. (Para 1 , 2) |
| 2. details of the police operation against the petitioner. (Para 3 , 11) |
| 3. arguments from both sides regarding bail eligibility. (Para 4 , 5 , 6) |
| 4. legal principles governing bail considerations. (Para 8 , 9) |
| 5. impact of drug offenses on society and bail implications. (Para 10 , 14 , 15 , 16) |
| 6. final ruling and dismissal of the bail petition. (Para 18 , 19) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 234 of 2025, dated 14.10.2025, registered at Police Station Paonta Sahib, District Sirmour, H.P., for the commission of offences punishable under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
2. It has been asserted that the petitioner was falsely implicated in the present case based on suspicion. No recovery was effected from the petitioner. The police have filed the charge sheet, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the pe
The court emphasized that possession of a substantial quantity of narcotics justifies denial of bail, prioritizing societal safety over individual liberty in drug-related offenses.
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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 commercial quantity cases, residence in house with contraband recovery from common area establishes prima facie possession; bail denied as twin conditions under Section 37 not satisfied despi....
Bail denied under NDPS Section 20 for intermediate charas quantity due to prima facie possession, prior similar offence, repetition risk, witness tampering apprehension, and drug menace to society, e....
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