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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Purnima Lapang – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 5 of 2026, dated 16.01.2026, registered at Police Station Dhalli, District Shimla, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
2. It has been asserted that, as per the prosecution, the police were on patrolling duty near Dhalli area on 16.01.2026. They received a secret information that Nityam Dhir and a female were selling heroin in a room in Ram Lal’s building. The information was credible. The police completed the necessary formalities, searched the room and found a polythene bag containing 50.340 grams of heroin. The police arrested the occupants of the room and seized the heroin. The prosecution’s story is false, and the petitioner has nothing to do with the crime. The petitioner was not even present in the room. The petitioner has worked in various Non-Government Organisations (NGOs), and she was participating in various social upliftment and education programmes. She was employed on an online platform. She met the co-accused Nityam Dhir, whose father is residing at Shimla. She
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....
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.
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....
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....
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.
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
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