C. S. DIAS
Azharudheen, S/o. Nasar – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Is an oral application sufficient to release an accused on statutory bail? Is the point posed for consideration in the bail application?
2. The application is filed under Section 439 of the Code of Criminal Procedure, 1973 by the third accused in Crime No.314/2023 registered by the Peechi Police Station, Thrissur, against four persons for allegedly committing the offence punishable under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘Act’ for short). The petitioner was arrested on 26.05.2023.
3. The essence of the prosecution case is that, on 26.05.2023 around 12.30 a.m., acting on a secret information, the detecting officer intercepted the vehicle bearing Reg. No.KL-43/A-3874 and the accused were found travelling in the vehicle. In the search that was conducted, 49.300 kilograms of Ganja was seized from the vehicle. The accused were arrested on the spot for being in possession of and transporting the contraband article in contravention of the provisions of the Act. Thus, the accused have committed the above offence.
4. Heard Sri. Vivek Venugopal, learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Pr
A.K. Gopalan v. Government of India (1966) 2 SCR 427
Aslam Babalal Desai v State of Maharashtra (1992) 4 SCC 272
Naranjan Singh Nathawan v. State of Punjab (1952) 1 SCC 118
M. Ravindran v. Directorate of Revenue Intelligence (2021) 2 SCC 485
Rakesh Kumar Paul v. State of Assam (2017) 15 SCC 67
Rajnikant Jivanlal v. Intelligence Officer, Narcotic Control Bureau
Ram Narayan Singh v. State of Delhi 1953 SCR 652
Ravindran v. Intelligence Officer
Rakesh Kumar Paul v. State of Assam (2017) 15 SCC 67
Sanjay Dutt v. State through C.B.I.
Satender Kumar Antil v. Central Bureau of Investigation (2022) 10 SCC 51
Uday Mohanlal Acharya v. State of Maharashtra (2001) 5 SCC 453
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