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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Amit Luthra – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. ndps bail petition with intermediate heroin quantity and prior fir. (Para 1 , 2 , 3) |
| 2. petitioner claims change via charge sheet; state denies. (Para 4 , 6) |
| 3. bail parameters include offense nature, evidence, antecedents. (Para 7 , 8 , 9) |
| 4. successive bail requires material change in circumstances. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. charge sheet filing not change; no trial delay proven. (Para 16 , 17 , 18) |
| 6. bail denied absent changed circumstances. (Para 19 , 20 , 21) |
JUDGMENT :
RAKESH KAINTHLA, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 139 of 2025, dated 16.8.2025, registered at Police Station Boileauganj (West), 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’s story, the petitioner was found in possession of 06 grams of heroin. The allegations levelled against the petitioner are false, and the petitioner is not involved in the commission of the offence. The quantity of heroin stated to have been recovered from the petitioner’s possession is intermediate, and the r
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....
Grant of bail under the NDPS Act requires meeting specific twin conditions, which were not satisfied, and mere delay in trial does not justify bail unless supported by substantial change in circumsta....
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 a material change in circumstances; mere delay in trial does not meet the statutory conditions for bail under Section 37 of the NDPS Act.
Successive NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such ....
Bail cannot be granted based on discrepancies in witness statements once the trial has commenced; substantial change in circumstances is required for reconsideration.
Possession of an intermediate quantity of narcotics does not guarantee bail; each case must be assessed on its own facts considering societal implications.
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