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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sachin Kumar – Appellant
Versus
State of HP – Respondent
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 chance of his absconding. He would abide by all the terms and conditions that the Court may impose; hence, he prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report stating that the police were on patrolling duty on 15.03.2025. They received a secret information around 12:55 p.m. tha
Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.
Front passenger in vehicle with intermediate heroin quantity has prima facie conscious possession; bail granted to first-time offender likely for personal use, no Section 37 rigours, societal roots, ....
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....
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
Female petitioner granted bail in NDPS case with intermediate contraband quantity from shared room despite possession presumption, due to special gender consideration, no antecedents, and charge-shee....
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....
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 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.
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