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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Amit Luthra – 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. 139 of 2025, dated 16.08.2025, registered at Police Station Boileauganj, District Shimla, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
2. It has been asserted that the petitioner was falsely implicated on the allegation that 6 grams of heroin was recovered from him. The allegations are false, and the petitioner has not committed any offence. The investigation is complete, and no recovery is to be made from the petitioner. FIR no. 240 of 2023, dated 7th November 2023, was registered at Police Station Boileauganj District, Shimla, against the petitioner for the commission of offences punishable under Sections 21 and 29 of the NDPS Act. The petitioner would abide by the terms and conditions which the court may impose; hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 16th August 2025 near Goel Motors at around 3:15 PM. They received a se
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 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 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 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 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; ....
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 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 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....
In NDPS cases, vehicle occupants prima facie in conscious possession of recovered psychotropic substances; bail denied despite non-commercial quantity due to criminal antecedents, repetition risk, an....
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