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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Shiv Kumar alias Shankar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail, in FIR No. 23/2026, dated 12.02.2026, registered for the commission of offences punishable under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) at Police Station Kala Amb, District Sirmour, H.P.
2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 12.02.2026. They received secret information at Kala Amb that Shiv Kumar alias Shankar (present petitioner) was transporting chura-post/Doda (opium poppy husk) in his vehicle, and a huge quantity could be recovered by searching the vehicle. The police searched the vehicle and recovered 6.11 kilograms of opium poppy husk kept beneath the conductor’s seat. Allegations made against the petitioner are false. The petitioner is innocent, and he was falsely implicated. The petitioner would abide by all the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report asserting that the police were patrolling at Kala Amb on 12.02.
Bail is granted considering the nature of the accusation, the defendant's status as a first offender, and the absence of risks associated with granting bail, subject to stringent conditions.
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Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied: no reasonable grounds believing not guilty and risk of reoffending on bail.
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