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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Nanak Dass – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. ndps fir for 6.02g heroin recovery and prior case. (Para 1 , 3) |
| 2. claims false implication, illegal arrest, s37 inapplicable. (Para 2 , 5) |
| 3. bail parameters: offence nature, evidence, antecedents. (Para 4 , 7 , 8 , 9) |
| 4. prior ndps fir risks offence repetition. (Para 6) |
| 5. red-handed arrest needs no grounds communication. (Para 10 , 11 , 12) |
| 6. status report proves prima facie involvement. (Para 13) |
| 7. no ndps bail right despite no s37; societal menace. (Para 14 , 15) |
| 8. antecedents justify denying bail if reoffending likely. (Para 16 , 17 , 18 , 19) |
| 9. liberty restricted by societal peace considerations. (Para 20 , 21) |
| 10. bail denied due to antecedents and ndps gravity. (Para 22 , 23 , 24) |
JUDGMENT :
Rakesh Kainthla, Judge
The petitioner has filed the present petition for seeking regular bail in F.I.R. No.40/2025, dated 10.07.2025, registered at Police Station, Kumarsain, District Shimla, H.P., for the commission of offences punishable under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. It has been asserted that the petitioner was falsely implicated at the instance of his enemies. The grounds of arrest were not communicated to
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