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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Anshul Rana – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. fir for ndps possession of 6.02g heroin. (Para 1 , 3) |
| 2. petitioner alleges false implication, illegal arrest. (Para 2 , 4 , 5) |
| 3. state cites prior ndps fir, recidivism risk. (Para 6 , 19) |
| 4. bail requires balancing liberty and societal interests. (Para 7 , 8 , 9 , 23) |
| 5. red-handed arrest needs no separate grounds notice. (Para 10 , 11 , 12 , 13 , 14) |
| 6. co-accused statement inadmissible but shows conspiracy. (Para 15 , 16) |
| 7. no ndps bail right absent section 37 rigours. (Para 17 , 18) |
| 8. antecedents bar bail in repeat ndps cases. (Para 20 , 21 , 22 , 25) |
| 9. prior bail findings tentative on merits. (Para 24) |
| 10. bail petition dismissed; observations bail-limited. (Para 26 , 27 , 28) |
Judgment :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No.40 of 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 him. No
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