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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Amit Luthra – Appellant
Versus
State of HP – Respondent
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 rigours of Section 37 of the NDPS Act do not apply to the present case. Another FIR No. 240 of 2023, dated 7.11.2023, has been registered against the petitioner for the commission of offences punishable under Sections 21 and 29 of the NDPS Act, in which the petitioner was granted bail. The petitioner would abide by the terms and conditions that the Court may impose. The petitioner had earlier filed the bail petition before this Court, which was registered as Cr.MP(M) No. 2347 of 2025 and wa
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.
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....
A material change in circumstances is required for reconsideration of bail applications; otherwise, previous denials remain binding.
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