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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sachin Kumar – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. petition for bail based on drug possession. (Para 1 , 2 , 3) |
| 2. court's analysis based on statutory and case law. (Para 4 , 7 , 11 , 12) |
| 3. contrasting arguments of petitioner and state. (Para 5 , 6) |
| 4. criteria and principles for granting bail. (Para 8 , 9 , 10) |
| 5. conclusion and conditions for granting bail. (Para 15 , 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 68 of 2025, dated 15.03.2025, registered for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act at Police Station Sadar Mandi, District Mandi, H.P.
2. It has been asserted that the police arrested the petitioner for possessing 8 grams of heroin along with ten packets of needles when he was travelling in a Kia Car. The petitioner has been behind bars since 15.03.2025. He filed a bail petition before the learned Trial Court, which was dismissed on 12.12.2025. The recovery of heroin, injection needles and foil papers suggests that the petitioner is a drug addict and not a drug peddler. The petitioner belongs to a reputed family, and there is no chan
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