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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sanjay Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition for bail citing parity, delay, hostile witness. (Para 1 , 2) |
| 2. investigation uncovers spurious drugs supply by petitioner. (Para 3) |
| 3. arguments on parity versus unchanged circumstances. (Para 4 , 5 , 6 , 7) |
| 4. successive bails require material change in circumstances. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. hostile witness not basis for bail post-trial. (Para 15 , 16) |
| 6. trial delay enables parity bail with co-accused. (Para 17 , 18 , 19) |
| 7. bail granted subject to conditions due to delay. (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
Rakesh Kainthla, Judge
The petitioner has filed the present petition for seeking regular bail in complaint No. 14/2023 dated 07.07.2023 filed under Sections 18 (a) (i) read with Sections 17B, 36 AC, 18A, 18B, 18c, 22 (3) punishable under Sections 27(b) (ii), 27 (c), 28, 28(a) and 22(3) of the Drugs and Cosmetics Act (Drugs Act) and the Rules framed there under.
2. It has been asserted that the petitioner was arrested on 16.05.2023 by the office of the Drugs Controller, Baddi. He is the proprietor of M/s Allied Pharma. He has no criminal antecedents and was wrongly arrested. The petitioner had applied for bail by filing a bail petition
Successive bail applications require material change in circumstances; parity bail granted on unchallenged co-accused releases due to trial delay, overriding prior rejections without reviewing merits....
The court held that delays in trial can justify bail, emphasizing that the presence of the accused during proceedings is paramount, balancing the seriousness of the offence against procedural delays.
Grant of bail under the NDPS Act requires meeting specific twin conditions, which were not satisfied, and mere delay in trial does not justify bail unless supported by substantial change in circumsta....
Successive bail applications require substantial change in circumstances; filing charge sheet does not qualify as such, nor does unproven trial delay. Courts must exercise restraint to uphold judicia....
Successive bail applications require a material change in circumstances; mere delay in trial does not meet the statutory conditions for bail under Section 37 of the NDPS Act.
Successive NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such ....
Possession of an intermediate quantity of narcotics does not guarantee bail; each case must be assessed on its own facts considering societal implications.
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the prolonged custody of the petitioner, despite the serious nature of the charges.
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