Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Shubham Dhani – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitioner charged under ndps for possessing 6.85g heroin. (Para 1 , 2 , 3) |
| 2. trial delay argued as change versus reoffending risk. (Para 4 , 5 , 6 , 7) |
| 3. successive bail requires material change in circumstances. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. prosecution delay and substantial incarceration period noted. (Para 14 , 15) |
| 5. inordinate trial delay violates article 21 speedy trial right. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. criminal antecedents not absolute bar post long detention. (Para 24) |
| 7. regular bail granted with conditions and surety. (Para 25 , 26 , 27 , 28) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 25 of 2025, dated 03.04.2025, registered at Police Station Sadar, District Shimla, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. It has been asserted that, as per the prosecution, the police had recovered 6.850 grams of heroin from the petitioner. These allegations are false. The police have filed the charge sheet after the completion of the investigation. The matter is pending before the l
Successive NDPS bail applications allowed on change in circumstances like trial delay infringing speedy trial right under Article 21, overriding offence seriousness and antecedents for grant of bail.
An individual's right to a speedy trial under Article 21 mandates consideration for bail, emphasizing the need to avoid prolonged detention without trial.
Successive NDPS bail granted despite prior dismissal due to over one-year pre-trial detention violating speedy trial right under Article 21, intermediate quantity, and despite antecedents.
Successive bail in NDPS intermediate quantity case granted due to Article 21 speedy trial violation from long incarceration and trial delay, despite prior rejection and antecedents.
Prolonged incarceration and trial delay in NDPS case with intermediate quantity constitute change in circumstances for successive bail, enforcing speedy trial right under Article 21 despite prior rej....
In NDPS cases with intermediate contraband quantity, over one-year incarceration and trial delay violate Article 21 speedy trial right, entitling bail despite antecedents as State cannot oppose on cr....
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
Prolonged trial delay in NDPS intermediate quantity case violates speedy trial right under Article 21, constituting change in circumstances for successive bail despite prior rejections and antecedent....
In NDPS case, regular bail granted due to one-year pre-trial custody and trial delay violating Article 21 speedy trial right, despite antecedents; proportionality applied to quantity, State cannot op....
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
