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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajat Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. recovery of 45g heroin from vehicle occupants. (Para 1 , 2 , 3) |
| 2. parties contend on innocence vs commercial quantity. (Para 4 , 5 , 7) |
| 3. bail principles consider offence nature, antecedents. (Para 8 , 9 , 10) |
| 4. vehicle occupants in conscious possession of contraband. (Para 11 , 12) |
| 5. intermediate quantity, addict, no antecedents favour bail. (Para 13 , 14 , 15) |
| 6. bail granted subject to conditions and compliance. (Para 16 , 17 , 18 , 19) |
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’
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....
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.
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....
Bail denied in NDPS case for intermediate contraband quantity due to prior case suppression, criminal antecedents, red-handed recovery, and repetition risk, emphasizing societal protection over liber....
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....
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....
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