Rahul Verma vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1582

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rahul Verma – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Petitioner:Mr Rajiv Jiwan, Senior Advocate, with M/s Nitin Soni and Yug Singhal, Advocates.
For the Respondent:Mr Prashant Sen, Deputy Advocate General

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking pre-arrest bail in FIR No. 107 of 2024, dated 14.8.2024, registered at Police Station, Sadar, District Shimla, H.P., for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS) and Section 111 of Bhartiya Nyaya Sanhita, 2023) (BNS).

2. It has been asserted that the petitioner is a government servant in the Police Department, having an unblemished service record and respectable family background. The petitioner was falsely implicated in this case. No recovery was effected from the petitioner. There is no financial transaction connecting the petitioner to the commission of crime. Rigours of Section 37 of the NDPS Act are not attracted to the present case. The charge sheet has already been filed, and the custodial interrogation of the petitioner is not required. The petitioner is being named based on the statement made by the co-accused during the investigation. No clear chain of evidence has been established by the prosecution. The petitioner would abide by the terms and conditions that the Court may impose. Hence, the petition