Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Purnima Lapang – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. heroin recovery from room with petitioner and co-accused. (Para 2 , 3) |
| 2. arguments on possession, presumptions, woman status, absconding risk. (Para 4 , 5 , 6) |
| 3. bail rule over jail; weigh offence gravity, antecedents, evidence. (Para 7 , 8 , 9 , 10) |
| 4. ndps sections 35, 54 presumptions apply; cases distinguished. (Para 11 , 12 , 13) |
| 5. intermediate quantity, female, no priors favor bail. (Para 14 , 15 , 16) |
| 6. bail granted with conditions; no merit impact. (Para 17 , 18 , 19 , 20) |
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 containin
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.
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.
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....
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....
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 case with intermediate quantity due to criminal antecedents under NDPS, risk of repetition, and societal drug menace, emphasizing balanced consideration of liberty against public ....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
