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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Jasveeer Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. recovery of intermediate ndps contraband from petitioner. (Para 1 , 2 , 3) |
| 2. arguments: innocence vs. risk from quantity and antecedents. (Para 4 , 5 , 6) |
| 3. bail factors: offence nature, antecedents, justice risks. (Para 7 , 8 , 9 , 10) |
| 4. status report shows prima facie case against petitioner. (Para 11) |
| 5. ndps bail denied despite intermediate quantity, societal menace. (Para 12 , 13 , 14 , 15) |
| 6. quantity negates self-consumption; statement inadmissible. (Para 16) |
| 7. prior ndps conviction bars bail as antecedents. (Para 17) |
| 8. bail petition dismissed; limited to disposal. (Para 18 , 19 , 20) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in FIR No. 324 of 2025, dated 10.10.2025, registered at Police Station Nalagarh, District Solan, H.P., for the commission of offences punishable under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).
2. It has been asserted that, as per the prosecution, the petitioner was found in possession of 1.97 kilograms of poppy straw and 200 grams of opium in his vehicle bearing registration No. HP-12Q-9846. The petitioner is in judicial custody. The petit
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Bail denied under NDPS Section 20 for intermediate charas quantity due to prima facie possession, prior similar offence, repetition risk, witness tampering apprehension, and drug menace to society, e....
In NDPS cases with intermediate quantity recovery and accused's criminal antecedents including prior NDPS offence, bail denied despite Section 37 inapplicability, prioritizing drug menace, repetition....
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....
The court emphasized that possession of a substantial quantity of narcotics justifies denial of bail, prioritizing societal safety over individual liberty in drug-related offenses.
Bail under NDPS Act requires proof of innocence and no likelihood of re-offending, especially for commercial quantities.
The court denied bail under the NDPS Act as the petitioner failed to meet the stringent conditions of proving he is not guilty and unlikely to reoffend while on bail.
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 commercial quantity case as twin conditions under Section 37 unsatisfied; presumptions of culpable mental state and possession under Sections 35 & 54 not rebutted by accused.
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