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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Shyam Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
Judgment :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 211 of 2023 dated 23.12.2023, registered at Police Station Jawali, District Kangra, H.P., for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’ Act).
2. It has been asserted that, as per the prosecution, the petitioner was driving a vehicle bearing registration No. HP37H- 0393 on 23.12.2023. The police intercepted the vehicle and recovered 1.043 Kilograms of Charas from the dashboard of the vehicle. The allegations are false, and the petitioner is not connected to the commission of crime. The grounds of arrest were not communicated to the petitioner. The petitioner has been in judicial custody for the last one year and nine months. The prosecution has failed to complete the evidence; hence, it was 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 the police party was on patrolling duty on 23.12.2023. They received a secret information at 12:50 p.m. that a vehicle bearing registration No.
Bail applications must disclose prior criminal history, with courts assessing the risk of re-offending and societal safety when considering bail requests.
Bail under NDPS Act requires proof of innocence and no likelihood of re-offending, especially for commercial quantities.
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....
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.
Successive NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such ....
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....
Successive bail applications require material change in circumstances; no review of prior rejections. Belated Article 22(1) non-communication plea after multiple bail denials and red-handed arrest re....
The court ruled that the petitioner, charged with possession of an intermediate quantity of narcotics, is entitled to bail due to prolonged custody and insufficient prosecution progress.
Bail denied in commercial quantity NDPS case as twin conditions under Section 37 unsatisfied: reasonable grounds exist to believe petitioner guilty of conscious possession and likely to reoffend, sup....
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