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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Swati – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petitions for seeking regular bail, in FIR No. 282 of 2025 dated 22.11.2025 registered at Police Station Sadar, Chamba, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS) and Sections 221 and 132 of the Bhartiya Nyaya Sanhita (BNS). Since all the petitions have arisen out of the same FIR; therefore, they are being taken up together for disposal.
2. It has been asserted that, as per the prosecution, the police had set up a nakaa on 22.11.2025 at 7 AM at Bhatti Nala near Sulatanpur-Chamba- Pathankot NH-154A. They received a secret information that one Binta Mahajan and her son Aryan Mahajan were dealing in heroin, and a huge quantity of heroin could be recovered by searching their house. The police went to the house. Binta Mahajan was not present in her home, but her son Aryan was present. The police searched the house and recovered one electronic weighing machine, two burnt foil papers, one folded and burnt Rs.20/- currency note and one syringe. Binta Mahajan also came to the spot and raised a hue and cry. One room was locked. The p
The burden of proof lies on the petitioners to show innocence in narcotics cases; possession of drugs and financial transactions create a prima facie case against bail eligibility.
Financial transactions and call detail records alone insufficient for prima facie NDPS involvement or financing under Section 27A; mere drug purchase not financing. Bail granted despite prior offence....
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 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 case with intermediate contraband quantity due to prior similar conviction, recovery inconsistent with self-consumption, criminal antecedents, repetition risk, and societal drug m....
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....
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, ....
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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