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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Chaman Deep – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. 8g heroin recovered from bathroom at petitioner's instance. (Para 1 , 2 , 3) |
| 2. petitioner claims innocence; state highlights ndps antecedents. (Para 4 , 5 , 6) |
| 3. bail discretion considers antecedents, offence nature. (Para 7 , 8 , 9) |
| 4. disclosure recovery admissible; father's search ensures fairness. (Para 10 , 11) |
| 5. antecedents indicate repetition risk, deny bail. (Para 12 , 13 , 14 , 15 , 16) |
| 6. intermediate quantity no automatic ndps bail right. (Para 17 , 18) |
| 7. bail denied balancing liberty and society safety. (Para 19 , 20 , 21) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 48 of 2025, dated 12.04.2025, registered for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’) at Police Station Barsar, District Hamirpur, H.P.
2. It has been asserted that, as per the prosecution, the police searched the petitioner’s house and recovered eight grams of heroin from the bathroom at the instance of the petitioner. The petitioner is innocent, and he was falsely implicated. F.I.R. No. 118 of 2017, dated 02.07.2017, F.I.R. No. 151 of
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Bail denied in NDPS case with intermediate contraband quantity due to accused's criminal antecedents, prior similar offences, repetition risk, and societal drug menace, rejecting parity with co-accus....
Bail denied in NDPS case for intermediate contraband quantity due to prior case suppression, criminal antecedents, red-handed recovery, and repetition risk, emphasizing societal protection over liber....
In NDPS cases with intermediate quantity, bail denied considering criminal antecedents, offence repetition risk, and societal drug menace, even absent Section 37 rigours; arrest valid if red-handed; ....
The court emphasized that bail is not an automatic right, especially in drug offenses, considering the applicant's criminal history and the need to protect societal order.
Bail denied in NDPS case with intermediate heroin quantity due to prima facie conscious possession in own house, rejection of parity over differing co-accused roles, and criminal antecedents indicati....
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....
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