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C. S. DIAS
Vaisakh – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent
ORDER
The Petitioner, who is the first accused in Crime No.1162/2023 of the Kodungallur Police Station, Thrissur, registered against him and two others for allegedly committing the offence under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (‘Act’ for brevity), has filed the application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner was arrested on 28.7.2023.
2. The essence of the prosecution case is as follows:
On 28.7.2023, at around 18.30 hours, when the first accused was riding the motorcycle bearing No. KL 47 F-6838 through the Mala-Kodungallur Road, with the second accused and a child in conflict with the law (CCL) on the pillion, the Sub Inspector of Police intercepted the vehicle and conducted a search, and he seized 36.00 and 24.90 grams of Methamphetamine from the first and second accused, respectively, i.e., a total quantity of 58.55 grams of Methamphetamine (hereinafter referred to as ‘contraband’). Thereby, the accused have committed the above offences.
3. Heard; Sri. K. Mohammed Rafeeq., the learned counsel appearing for the petitioner and Smt. Neema T.V., the learned Senior Public Prosecutor.
4. The lear
When statutory provisions mandate a particular procedure to be followed, Detecting Officer is duty-bound to follow prescribed procedure – No person can assume nature of substance on speculation and c....
The mandatory nature of the rules regarding the disposal of seized narcotic drugs and the drawing of representative samples, and the consideration of the accused's criminal antecedents in diluting th....
The court ruled that procedural violations in the seizure of narcotics, specifically not following mandatory sampling protocols, can lead to the dilution of bail conditions under the NDPS Act.
Point of Law : Harsher the punishment, more is the strictness of proof required for the prosecution. The burden is always upon prosecution to prove the case against the person accused with proof beyo....
The court reaffirmed that non-compliance with procedural safeguards under the NDPS Act, particularly Section 52A, does not automatically entitle an accused to bail; the court must still find reasonab....
The standard of proof for possession under the NDPS Act requires both physical control and knowledge of the substance, which was upheld despite procedural lapses.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
The court affirmed that possession of contraband substances establishes statutory presumptions requiring defendants to prove lack of conscious possession under the Narcotic Drugs and Psychotropic Sub....
petitioner cannot be extended benefit of bail on the ground that reduction in weight of the contraband seized was noticed at the time of certification by the Magistrate under Section 52A than the wei....
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