Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Naveen Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner apprehended with 86g intermediate opium quantity. (Para 1 , 2 , 3) |
| 2. trial delay claimed as change; prior bails rejected. (Para 4 , 5 , 6) |
| 3. successive bails require material change in circumstances. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. piecemeal trial delays violate speedy trial right. (Para 14 , 15) |
| 5. inordinate trial delay infringes article 21 speedy trial. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. antecedents not bar after prolonged incarceration. (Para 27) |
| 7. bail granted with conditions despite ndps charge. (Para 28 , 29 , 30 , 31) |
The petitioner has filed the present petition for seeking regular bail in F.I.R. No.10 of 2025 dated 29.03.2025, registered for the commission of an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) at Police Station Khairi, District Chamba, H.P.
2. It has been asserted that, as per the prosecution, the police had set up a nakka on 29.03.2025. They saw the petitioner carrying a backpack at about 11.25 PM. The petitioner got frightened after seeing the police and started walking with fast speed. The police appr
Prolonged trial delay in NDPS intermediate quantity case violates speedy trial right under Article 21, constituting change in circumstances for successive bail despite prior rejections and antecedent....
Successive NDPS bail granted despite prior dismissal due to over one-year pre-trial detention violating speedy trial right under Article 21, intermediate quantity, and despite antecedents.
Successive bail in NDPS intermediate quantity case granted due to Article 21 speedy trial violation from long incarceration and trial delay, despite prior rejection and antecedents.
Prolonged incarceration and trial delay in NDPS case with intermediate quantity constitute change in circumstances for successive bail, enforcing speedy trial right under Article 21 despite prior rej....
In NDPS cases with intermediate contraband quantity, over one-year incarceration and trial delay violate Article 21 speedy trial right, entitling bail despite antecedents as State cannot oppose on cr....
An individual's right to a speedy trial under Article 21 mandates consideration for bail, emphasizing the need to avoid prolonged detention without trial.
Successive NDPS bail applications allowed on change in circumstances like trial delay infringing speedy trial right under Article 21, overriding offence seriousness and antecedents for grant of bail.
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
Inordinate trial delay by prosecution violates Article 21 speedy trial right, entitling bail in NDPS commercial quantity cases despite Section 37 rigours.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
