IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Arvinder Singh @ Billa – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. heroin recovered from vehicle occupied by petitioner. (Para 1 , 2 , 3) |
| 2. parties contend on possession parity and risks. (Para 4 , 5 , 6) |
| 3. bail discretion considers offence nature antecedents. (Para 7 , 8 , 9) |
| 4. vehicle occupants have conscious contraband possession. (Para 10 , 11) |
| 5. intermediate ndps quantity bars easy bail. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 6. antecedents roles defeat parity claim. (Para 18 , 19 , 20) |
| 7. bail petition dismissed limited observations. (Para 21 , 22 , 23) |
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 120 of 2025, dated 19.08.2025, registered in Police Station Dhalli, Shimla, District Shimla, H. P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).
2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 19.08.2025 in the vicinity of the Dhalli area. They received a secret information at about 3.25 a.m. that Sunil Kumar, Arvinder Singh and Gurpreet Singh were present in a vehicle bearing registration No. PB-01D-2378, which was parked near the rear gate o
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 in NDPS case with intermediate contraband quantity due to accused's criminal antecedents, prior similar offences, repetition risk, and societal drug menace, rejecting parity with co-accus....
Bail denied in NDPS case with intermediate heroin quantity due to prima facie conscious possession in own house, rejection of parity over differing co-accused roles, and criminal antecedents indicati....
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 in NDPS case with intermediate quantity due to criminal antecedents under NDPS, risk of repetition, and societal drug menace, emphasizing balanced consideration of liberty against public ....
Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.
Bail denied in NDPS intermediate quantity case due to criminal antecedents, prior bail violation via similar offence, and prima facie conscious possession from presence at recovery site.
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
Bail denied in NDPS intermediate quantity case due to prima facie involvement, prior similar offence in antecedents, and societal need to combat drug menace despite Section 37 rigours inapplicable.
The Court ruled that bail cannot be granted in drug-related offenses without careful consideration of the accused's antecedents, emphasizing public safety.
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