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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ashok – Appellant
Versus
State of HP – Respondent
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 petitioner be released on bail.
3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 14.10.2025. They received a secret information at about 6.45 PM that Ashok (the present petitioner) and Sunny were carrying intoxicating capsules in the motorcycle bearing registration No. UP-11CR4563. The information was credible, and the delay in procuring the search warrant would have led to the
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.
Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied: no reasonable grounds believing not guilty and risk of reoffending on bail.
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
Bail denied in NDPS case with intermediate contraband quantity due to prior similar conviction, recovery inconsistent with self-consumption, criminal antecedents, repetition risk, and societal drug m....
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 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....
In narcotic offences, bail is only granted when it is proven that the accused is not involved with the contraband, with a stringent evaluation of public safety interests.
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