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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Neeraj Thakur – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitioner charged under ndps for possessing 450g charas. (Para 1 , 2 , 3) |
| 2. petitioner claims bail right; state stresses ndps gravity. (Para 4 , 5 , 6) |
| 3. bail guided by offence nature, antecedents, justice thwarting. (Para 7 , 8 , 9 , 10) |
| 4. intermediate ndps quantity denies bail amid drug menace. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. parity requires similar role; petitioner carried contraband. (Para 17 , 18) |
| 6. ndps antecedents justify denying bail concession. (Para 19 , 20 , 21) |
| 7. bail petition dismissed. (Para 22 , 23 , 24) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in FIR No. 78 of 2025, dated 19.06.2025, registered for the commission of offences punishable under Section 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’) at Police Station Bhoranj, District Hamirpur, H.P.
2. It has been asserted that the petitioner has been falsely implicated. The investigation is complete, and no recovery is to be made from the petitioner. The petitioner would abide by all the terms and conditions that the Court may impose. FIR No. 116 of 2024, dated 27.12.2024, registered for the commiss
In NDPS cases with intermediate quantity recovery and accused's criminal antecedents including prior NDPS offence, bail denied despite Section 37 inapplicability, prioritizing drug menace, repetition....
Bail denied under NDPS Section 20 for intermediate charas quantity due to prima facie possession, prior similar offence, repetition risk, witness tampering apprehension, and drug menace to society, e....
Vehicle occupants in conscious possession of intermediate heroin quantity recovered therein; bail denied despite no Section 37 rigours, considering drug menace, criminal antecedents, trafficking indi....
Bail under NDPS Act requires proof of innocence and no likelihood of re-offending, especially for commercial quantities.
Bail denied in NDPS case with intermediate contraband quantity due to prior similar conviction, recovery inconsistent with self-consumption, criminal antecedents, repetition risk, and societal drug m....
Bail applications must disclose prior criminal history, with courts assessing the risk of re-offending and societal safety when considering bail requests.
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....
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....
The Court ruled that bail cannot be granted in drug-related offenses without careful consideration of the accused's antecedents, emphasizing public safety.
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