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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Arvind Kumar @ Chahna – 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. 119 of 2025, dated 12.05.2025, registered at Police Station Sadar, District Chamba, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
2. It has been asserted that the petitioner is a permanent resident of Village Bharian, Post Office Kupahara, Tehsil and District Chamba, H.P. He belongs to a respectable family. He was arrested on 12.05.2025. The petitioner is innocent and has not committed any offence. The petitioner has nothing to do with the contraband stated to have been recovered by the police. The allegation that the Aadhaar card of the petitioner was found in the bag containing 27.94 grams of charas is prima facie proof of false implication. The quantity of charas stated to have been recovered from the possession of the petitioner is an intermediate quantity, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The police have completed the investigation and filed the charge sheet before the Court. No fruitful purpose would be served by detaining the petitioner in
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.
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.
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; ....
Bail under NDPS Act requires proof of innocence and no likelihood of re-offending, especially for commercial quantities.
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 case for intermediate contraband quantity due to prior case suppression, criminal antecedents, red-handed recovery, and repetition risk, emphasizing societal protection over liber....
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 to accused with multiple prior offences and absconding history, prioritizing criminal antecedents, repetition risk, trial presence security, and societal protection from drug....
Bail denied in NDPS case with intermediate heroin quantity due to prima facie conscious possession in own house, rejection of parity over differing co-accused roles, and criminal antecedents indicati....
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....
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