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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajat Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 74 of 2025, dated 18.09.2025, registered at Police Station Kotkhai, District Shimla, H.P, for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS’ Act).
2. It has been asserted that, as per the prosecution, the police were patrolling near Gumma Bazaar on 18.09.2025, when they received a secret information that heroin was being transported in a car bearing registration No. HP-55-0031. The police intercepted the vehicle at Baghi Ghati. Ravinder Thakur was driving the vehicle, the petitioner was occupying the front passenger’s seat, and Sunny Baraik was occupying the rear seat. The police searched the vehicle after completing the formalities and recovered 45 grams of heroin from the rear pocket of the front passenger’s seat. The police arrested the occupants and seized the heroin. The police have completed the investigation and filed the charge sheet before the Court. The allegations against the petitioner are false. He belongs to a respectable family and has roots in society.
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, ....
Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.
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....
Female petitioner granted bail in NDPS case with intermediate contraband quantity from shared room despite possession presumption, due to special gender consideration, no antecedents, and charge-shee....
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 presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
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