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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Jai Bahadur Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner possessed 4.12kg commercial opium quantity. (Para 1 , 2 , 3) |
| 2. petitioner claims ignorance; state invokes section 37. (Para 4 , 5 , 6 , 7) |
| 3. judicious bail consideration per supreme court precedents. (Para 8) |
| 4. section 37 mandates twin conditions for ndps bail. (Para 9 , 10 , 11) |
| 5. reasonable grounds required beyond prima facie for bail. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 6. petitioner fails ndps presumptions and twin conditions. (Para 18 , 19) |
| 7. bail denied; observations limited to petition disposal. (Para 20 , 21 , 22) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 69 of 2024, dated 6.8.2024, registered at Police Station, Kandaghat, District Solan, H.P., for the commission of offences punishable under Sections 18 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
2. It has been asserted that, as per the prosecution, the police had recovered 4 kilograms 12 grams of opium from the petitioner’s possession. The police arrested the petitioner on 6.8.2024. The petitioner is innocent, and he was falsely implicated. He would abide by the terms and conditions that the Court may
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