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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Paramjeet – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. ndps bail petition for alleged heroin possession (Para 1 , 2 , 3) |
| 2. parties contend on innocence, antecedents, trial delay (Para 4 , 5 , 6 , 7) |
| 3. bail governed by supreme court parameters (Para 8 , 9) |
| 4. prima facie involvement but substantial custody undergone (Para 10 , 11 , 12) |
| 5. speedy trial right under article 21 mandates bail (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. antecedents not bar despite long incarceration (Para 21) |
| 7. bail granted on proportionality and delay (Para 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition seeking regular bail in F.I.R. No. 148/2024 dated 06.12.2024, registered at Police Station, Damtal, District Kangra, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
2. It has been asserted that, as per the prosecution, the police received information that the petitioner was selling heroin at the residence of her daughter-in-law, and a huge quantity of heroin could be recovered by searching the house. The police searched the house after completing the formalities and recovered 11.63 grams of heroin and Rs.
In NDPS case, regular bail granted due to one-year pre-trial custody and trial delay violating Article 21 speedy trial right, despite antecedents; proportionality applied to quantity, State cannot op....
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Successive NDPS bail applications allowed on change in circumstances like trial delay infringing speedy trial right under Article 21, overriding offence seriousness and antecedents for grant of bail.
Prolonged incarceration and trial delay in NDPS case with intermediate quantity constitute change in circumstances for successive bail, enforcing speedy trial right under Article 21 despite prior rej....
An individual's right to a speedy trial under Article 21 mandates consideration for bail, emphasizing the need to avoid prolonged detention without trial.
Successive NDPS bail granted despite prior dismissal due to over one-year pre-trial detention violating speedy trial right under Article 21, intermediate quantity, and despite antecedents.
Successive bail in NDPS intermediate quantity case granted due to Article 21 speedy trial violation from long incarceration and trial delay, despite prior rejection and antecedents.
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
Prolonged trial delay in NDPS intermediate quantity case violates speedy trial right under Article 21, constituting change in circumstances for successive bail despite prior rejections and antecedent....
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