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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Atul Vohra – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. ndps bail petition; heroin recovery from petitioner's house. (Para 1 , 2 , 3) |
| 2. bail parameters balance liberty, offence gravity, antecedents. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. house occupancy implies conscious ndps possession; accused bears burden. (Para 10 , 11) |
| 4. red-handed arrest; no separate grounds communication required. (Para 12 , 13 , 14 , 15 , 16) |
| 5. bail parity demands identical accused roles. (Para 17 , 18 , 19 , 20) |
| 6. intermediate ndps quantity; bail not as matter of right. (Para 21 , 22) |
| 7. antecedents indicate repetition risk; deny ndps bail. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 8. petition dismissed; observations limited to bail disposal. (Para 29 , 30 , 31) |
Judgment :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 19 of 2025, dated 8.7.2025, registered at Police Station New Shimla, District Shimla, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
2. It has been asserted that the petitioner hails from a respectable family and commands good respect in the society. He was arrested on 8.7.2025 in FIR No. 19 of 2025 date
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