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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mohit Singh @ Toni – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner linked to drug money via co-accused disclosures. (Para 1 , 2) |
| 2. parity bail sought; state cites ndps commercial quantity rigours. (Para 4 , 5 , 6) |
| 3. bail discretion requires weighing offence nature, evidence, antecedents. (Para 7 , 8 , 9) |
| 4. receiving drug proceeds not financing under ndps section 27a. (Para 10 , 11) |
| 5. no instigation or aid; mere receipt not abetment under section 29. (Para 12 , 13 , 14 , 16 , 18) |
| 6. no prima facie ndps offence; bail granted with conditions. (Para 15 , 17) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 127 of 2024, dated 27.10.2024, registered at Police Station, Damtal, District Kangra, H.P., for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. It has been asserted that, as per the prosecution, the police apprehended Kamaljeet on 27.10.2024 at about 7:00 pm with 262 grams of heroin. Kamaljeet revealed that he had purchased heroin from Rajesh Lodhi and was to be delivered to Rajat Kumar. The police arrested Rajesh Kumar, who disclosed that one Vishal Kumar resident
Receipt of drug sale proceeds does not prima facie constitute financing under NDPS Section 27A or abetment under Section 29 absent instigation or sustaining illicit traffic, justifying bail despite c....
Receiving drug sale proceeds and depositing them does not prima facie constitute financing under NDPS Section 27A or abetment under Section 29 absent evidence of providing sustaining funds or instiga....
The court determined that financial transactions alone do not establish involvement in drug trafficking, necessitating prima facie evidence for bail denial.
Financial transactions and call detail records alone insufficient for prima facie NDPS involvement or financing under Section 27A; mere drug purchase not financing. Bail granted despite prior offence....
The burden of proof lies on the petitioners to show innocence in narcotics cases; possession of drugs and financial transactions create a prima facie case against bail eligibility.
The main legal point established in the judgment is that bail is the rule and refusal is the exception, and that deprivation of liberty before conviction has a substantial punitive content. The court....
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