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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
| Table of Content |
|---|
| 1. factual basis for bail application. (Para 1 , 2) |
| 2. arguments for and against bail. (Para 3 , 5 , 6) |
| 3. hearing and consideration of representations. (Para 4 , 7) |
| 4. judicial principles for granting bail. (Para 8 , 9) |
| 5. court's reasoning for bail grant. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 6. conditions of bail. (Para 16 , 17) |
| 7. final disposition of the case. (Para 18 , 19) |
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 aga
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.
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....
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....
The court denied bail under the NDPS Act as the petitioner failed to meet the stringent conditions of proving he is not guilty and unlikely to reoffend while on bail.
Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied; presumptions of culpable mental state and possession under Sections 35 & 54 not rebutted by accused.
The court ruled that the rigours of Section 37 of the NDPS Act do not apply to the petitioner as the quantity of heroin is intermediate, allowing for bail under reasonable conditions.
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, ....
Grant of bail under the NDPS Act requires meeting specific twin conditions, which were not satisfied, and mere delay in trial does not justify bail unless supported by substantial change in circumsta....
Bail denied in commercial quantity NDPS case as petitioner failed Section 37 twin conditions despite prolonged custody and trial delay; vehicle occupants prima facie in conscious possession.
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