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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Raj Kumar – Appellant
Versus
State of HP – Respondent
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 rigours of Section 37 of NDPS do not apply to the present case. The petitioner belongs to a reputed family. He has deep roots in society. The petitioner would abide by the terms and conditions that the Court may impose. Hence, the petition.
3. The petition is opposed by filing a status report asserting that the police were present near Patsari on 13.3.2025 for traffic checking. They received a secret information at 11.30 AM that a vehicle bearing registration No. PB-07AB-5288 was transporting a huge quant
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.
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....
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....
The court ruled that bail is not a matter of right, especially for drug-related offences, and emphasized the importance of considering the accused's criminal antecedents and potential for re-offendin....
Bail for accused with prior offenses requires careful scrutiny; strong evidence existing against the petitioner precludes bail despite claimed trial delays.
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