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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mohit Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. heroin recovery from petitioner's motorcycle speedometer. (Para 1 , 2 , 3) |
| 2. bail plea on quantity, parity; opposed by antecedents. (Para 4 , 6) |
| 3. bail requires judicious consideration of antecedents, offence. (Para 7 , 9) |
| 4. vehicle occupants deemed in conscious contraband possession. (Para 10 , 11) |
| 5. no ndps bail right for intermediate quantities. (Para 12 , 13) |
| 6. antecedents preclude bail due to reoffending risk. (Para 14 , 15 , 16 , 17 , 18) |
| 7. no parity with antecedent-free co-accused. (Para 19) |
| 8. bail petition dismissed without merits prejudice. (Para 21) |
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No.05 of 2025, dated 04.01.2025, registered at Police Station Baddi, District Solan, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’).
2. It has been asserted that, as per the prosecution,the petitioner and the co-accused were sitting on a motorcycle bearing registration No.HP-12Q-1679 on 04.01.2025. The police searched the motorcycleand recovered a transparent plastic pouch containing 6.730 grams of heroin
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....
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 case with intermediate quantity due to criminal antecedents under NDPS, risk of repetition, and societal drug menace, emphasizing balanced consideration of liberty against public ....
Bail denied in NDPS intermediate quantity case due to prima facie involvement, prior similar offence in antecedents, and societal need to combat drug menace despite Section 37 rigours inapplicable.
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....
Bail denied in NDPS case to accused with multiple prior offences and absconding history, prioritizing criminal antecedents, repetition risk, trial presence security, and societal protection from drug....
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; ....
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, vehicle occupants prima facie in conscious possession of recovered psychotropic substances; bail denied despite non-commercial quantity due to criminal antecedents, repetition risk, an....
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