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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Devinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. tramadol recovery from motorcycle occupants in ndps case. (Para 1 , 2 , 3) |
| 2. parties argue innocence versus antecedents and repeat risk. (Para 4 , 5 , 6) |
| 3. bail guided by offence nature, evidence, and antecedents. (Para 7 , 8 , 9) |
| 4. vehicle occupants in conscious possession of contraband. (Para 10 , 11) |
| 5. no bail right for non-commercial ndps quantities. (Para 12 , 13) |
| 6. antecedents bar bail in serious drug offences. (Para 14 , 15 , 17) |
| 7. liberty yields to societal peace against drug menace. (Para 18 , 19) |
| 8. bail petition dismissed with limited observations. (Para 20 , 21 , 22) |
Judgment :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 124/2025, dated 27.07.2025, registered at Police Station Puruwala, District Sirmour, H.P., for the commission of offences punishable under Sections 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 26.07.2025 at Nahan, Sirmour. They intercepted a motorcycle bearing registration No HP 18C- 6138 at 11:00 P.M. based on secret information, and recovered 96 capsules of Pr
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....
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 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; ....
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.
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 for intermediate contraband quantity due to prior case suppression, criminal antecedents, red-handed recovery, and repetition risk, emphasizing societal protection over liber....
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