Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ayansh Srivastav – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. charas recovery from co-accused vehicle; petitioner linked by finances. (Para 1 , 2 , 3) |
| 2. petitioner alleges false implication; state cites section 37 ndps. (Para 4 , 5 , 6) |
| 3. bail is rule, jail exception; consider offence gravity, antecedents. (Para 7 , 8 , 9 , 10) |
| 4. co-accused confessions inadmissible under evidence act, crpc. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. financial transactions, mere association insufficient for custody. (Para 17 , 18) |
| 6. bail granted post-investigation with strict conditions. (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in FIR No. 204 of 2025, dated 22.09.2025, registered at Police Station Sunder Nagar, District Mandi, H.P., for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. It has been asserted that, as per the prosecution, the police had set up a naka at Pungh Fourlane, Sundernagar on 22.09.2025. They intercepted a car bearing registration No. UP-16AX-2143. Five people were travelling in the car, who got frightened after seeing the police. The driver prev
In NDPS commercial quantity cases, co-accused confessional statements (inadmissible under Evidence Act Section 25 & CrPC 162) and financial transactions alone insufficient to deny bail under Section ....
Bail should not be denied based on inadmissible evidence; the evaluation of admissible evidence is paramount in bail considerations.
The court ruled that co-accused statements are inadmissible evidence, and insufficient evidence exists to justify continued detention, leading to bail being granted with specific conditions.
Bail – Petitioner cannot be detained in custody based on a statement made by co-accused or confession made by him, as they are not legally admissible.
Co-accused's confessional statement to police inadmissible against petitioner; financial transactions insufficient for prima facie nexus in commercial quantity NDPS case, satisfying Section 37 twin c....
Co-accused disclosure statements inadmissible under Evidence Act for NDPS bail denial; call records and CCTV vehicle association insufficient for prima facie case or Section 37 rigour post charge-she....
Financial transactions alone do not establish guilt in drug-related offences; co-accused statements are inadmissible unless corroborated by other evidence.
Co-accused disclosure statement and call detail records alone insufficient to deny regular bail in NDPS case involving commercial quantity, as statement inadmissible and no prima facie case establish....
Co-accused statements inadmissible in NDPS bail; call records, financial transactions and mobile photos insufficient alone to establish prima facie case or satisfy Section 37 rigours absent direct re....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
