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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Dhan Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. ndps fir for heroin possession and prior bail cancellation. (Para 2 , 3) |
| 2. parties contend innocence versus societal harm. (Para 4 , 5 , 6 , 7) |
| 3. bail granted judiciously per supreme court parameters. (Para 8 , 9) |
| 4. prima facie heroin recovery implicates petitioner. (Para 10) |
| 5. criminal antecedents bar bail to prevent recidivism. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 6. absconding forfeits bail to secure trial presence. (Para 18 , 19 , 20 , 21 , 22) |
| 7. no bail right in ndps despite intermediate quantity. (Para 23 , 24 , 25) |
| 8. bail petition dismissed; observations limited. (Para 26 , 27 , 28) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 61 of 2024, dated 08.05.2024, registered at Police Station Dhalli, District Shimla, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short NDPS Act).
2. It has been asserted that the petitioner was falsely implicated in FIR No. 61 of 2024, dated 08.05.2024, registered at Police Station Dhalli, District Shimla, H.P. He was granted bail by the learned Special Judge, Shimla, on 17.10.2024. H
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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 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 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.
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....
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; ....
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 case for intermediate contraband quantity due to prior case suppression, criminal antecedents, red-handed recovery, and repetition risk, emphasizing societal protection over liber....
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
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....
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