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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Raj Kumar – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. bail petition in ndps fir for intermediate heroin quantity. (Para 1 , 2) |
| 2. secret info prompts vehicle interception, heroin recovery from occupants. (Para 3) |
| 3. arguments on parity, trial delay versus offence gravity heard. (Para 4 , 5 , 6 , 7) |
| 4. bail norm, not jail; weigh offence, evidence, tampering risk. (Para 8 , 9 , 10) |
| 5. no section 37 rigour; parity, delay warrant bail. (Para 11 , 12 , 13) |
| 6. bail granted with bonds, conditions; observations limited to bail. (Para 14 , 15 , 16 , 17) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 21 of 2025, dated 13.3.2025, registered at Police Station Jubbal, District Shimla, H.P., for the commission of offences punishable under Sections 21, 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).
2. It has been asserted that, as per the prosecution, 228 grams of heroin were recovered by the police. The police arrested the petitioner on 13.3.2025. The investigation is complete, and the charge sheet has been filed before the Court. The petitioner is innocent, and he was falsely implicated. 228 grams of heroin is an intermediate quantity, and the
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 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 Court ruled that bail cannot be granted in drug-related offenses without careful consideration of the accused's antecedents, emphasizing public safety.
Bail denied in NDPS case to accused with multiple prior offences and absconding history, prioritizing criminal antecedents, repetition risk, trial presence security, and societal protection from drug....
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 ....
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, ....
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....
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