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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mohit Sharma – Appellant
Versus
State of HP – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 5 of 2025, dated 04.01.2025, registered at Police Station Baddi, District Solan, 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 the police were on patrolling duty on 04.1.2025 at around 5:50 p.m., when they received a secret information that Mohit Sharma (petitioner) and Mohit were standing near a motorcycle bearing registration No. HP-12Q-1679 at Bhud Market to sell heroin. The information was reduced into writing and was sent to the Sub Divisional Police Officer, Baddi, District Solan, and H.P. The police went to the spot and found two persons sitting on the motorcycle bearing registration No.HP-12Q-1679. The driver disclosed his name, Mohit Sharma (present petitioner), and the pillion rider disclosed his name, Mohit Kumar. The police searched the motorcycle and recovered a transparent pouch kept near the speedometer. The police checked the pouch and recovered 6.730 grams of heroin. The police arrested the petitioner and the co-accused and seized the heroin
Successive NDPS bail applications require material change like trial progress and long incarceration; antecedents not bar if substantial sentence undergone and speedy trial violated. Bail granted des....
Successive bail applications require substantial change in circumstances; filing charge sheet does not qualify as such, nor does unproven trial delay. Courts must exercise restraint to uphold judicia....
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.
Possession of an intermediate quantity of narcotics does not guarantee bail; each case must be assessed on its own facts considering societal implications.
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....
Successive bail applications require a material change in circumstances; mere delay in trial does not meet the statutory conditions for bail under Section 37 of the NDPS Act.
Bail cannot be granted based on discrepancies in witness statements once the trial has commenced; substantial change in circumstances is required for reconsideration.
A subsequent bail application can only be considered if there is a material change in circumstances, as established by judicial precedents.
Bail for accused with prior offenses requires careful scrutiny; strong evidence existing against the petitioner precludes bail despite claimed trial delays.
Bail in drug-related offences requires careful consideration of the nature of accusations, criminal history, and potential societal impact, with no automatic entitlement based on the quantity of drug....
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