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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Prahlad Kumar – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. factual background of the arrest and the prosecution's reliance on co-accused statements. (Para 1 , 2 , 3) |
| 2. arguments concerning the admissibility of evidence and applicability of section 37 ndps. (Para 4 , 5 , 6) |
| 3. general principles governing the judicial exercise of discretion in bail matters. (Para 7 , 8 , 9 , 10) |
| 4. exclusion of inadmissible confessions and inadequacy of cdr for prima facie case. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. final determination to grant bail under specific conditions. (Para 21 , 22 , 23 , 24) |
Rakesh Kainthla, Judge
The petitioner has filed the present petition seeking regular bail in FIR No. 167 of 2025, dated 29.12.2025, registered at Police Station Damtal, District Kangra, H.P., for the commission of offences punishable under Sections 20 & 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
2. It has been asserted that the petitioner was arrested on 01.02.2026 by the police based on inadmissible evidence for the commission of offences punishable under Section 29 of the NDPS Act. The petitioner has no connection to the commission of the crime. The police have completed the investigation, and the
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