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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Josef Onyeka – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. ndps bail petition and prosecution facts. (Para 2 , 3) |
| 2. arguments on prior bail and circumstances. (Para 4 , 5 , 6) |
| 3. successive bail requires material change. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. sc undermines foreign national no-bail rule. (Para 14) |
| 5. trial delay violates speedy trial right. (Para 15 , 16 , 18 , 19 , 20 , 21 , 23) |
| 6. bail ordered with conditions and caveats. (Para 24 , 26 , 28) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 158 of 2023, dated 04.08.2023, registered for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and Section 14 of the Foreigners Act at Police Station, Sadar Solan, District Solan, H.P. 2. It has been asserted that the petitioner was implicated based on a statement made by Gaurav and the chat recorded on the mobile phone. The statement made by a co-accused is inadmissible in evidence. The Chat is with a person named Sugar, and there is no material to connect the petitioner to Sugar. The petitioner was arrested in Delhi, but no witness was associated at the time of his arres
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