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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Jasveeer Singh – Appellant
Versus
State of H.P. – Respondent
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 petitioner would abide by the terms and conditions that the Court may impose. The petitioner was convicted in FIR No. 129 of 2003, dated 20.3.2003, for the commission of an offence punishable under Section 15 of the NDPS Act. Trial is not likely to conclude soon. The quantity of the contraband stated to have been recovered from the vehicle is less than the commercial quantity, and the rigours of Section 37 of the NDPS Act do not apply to the present case. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report asserting that
Bail denied in NDPS case with intermediate contraband quantity due to prior similar conviction, recovery inconsistent with self-consumption, criminal antecedents, repetition risk, and societal drug m....
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....
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.
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.
Bail is granted considering the nature of the accusation, the defendant's status as a first offender, and the absence of risks associated with granting bail, subject to stringent conditions.
Bail in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds accused not guilty and unlikely to reoffend; negation of bail is rule, grant except....
Bail in drug-related offences requires careful consideration of the nature of accusations, criminal history, and potential societal impact, with no automatic entitlement based on the quantity of drug....
In NDPS commercial quantity cases, bail requires court satisfaction of twin conditions under Section 37: reasonable grounds accused not guilty and unlikely to reoffend; co-accused confessional statem....
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
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