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RAJA VIJAYARAGHAVAN V.
Justin T. J. – Appellant
Versus
State of Kerala – Respondent
ORDER :
This petition is filed under Section 482 of the Code of Criminal Procedure (“the Code” for the sake of brevity) challenging the order dated 24.05.2023 in C.M.P.No.1361/2023 on the file of the Special Court for SC/ST(POA) Act & NDPS Act Cases, Manjeri. By the order impugned, the learned Additional Sessions Judge allowed the application filed by the learned Public Prosecutor under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act” for brevity) and allowed the detention of the accused for a further period of 90 days.
2. Before adverting to the contentions of the petitioner to assail the order passed by the learned Sessions Judge, I shall narrate the undisputed facts.
a. The petitioner herein is arrayed as the 1st accused in Crime No.26/2022 of the Excise Range Office, Kallikavu. The aforesaid crime was registered on the allegation that on 24/11/2022 at 9:10 am, the petitioner had transported 66.85 kilograms of Ganja in a car bearing registration No.TN-43-Z-8264. The petitioner was arrested, and the contraband was seized consequent to the re
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
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Default bail – While considering application by Investigating Agency for extension of time for completing investigation beyond period prescribed under Section 167(2) of Cr.P.C. accused is to be given....
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