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A. BADHARUDEEN
Muhammed Kaiz, S/o Dileep E. P. – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This is an application for regular bail, filed under Section 439 of the Criminal Procedure Code, by the petitioner, who is the 1st accused in Crime No.42/2023 of Kanjirappally Police Station, Kottayam, where the prosecution alleges commission of offences punishable under Section 22(c) & 20(b)(II)(A) and 29 of the Narcotic Drugs and Psycotropics Substances Act (`NDPS Act' for short).
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary and report of the Investigating Officer, placed by the learned Public Prosecutor.
3. The prosecution case, initially, at the time of preparing the search list was that the 1st accused possessed 300 ml of LSD stamp and 1 gram of Hashish at 8.10 p.m on 08.01.2023 and later when the contraband was weighed before the Magistrate, it was found that the LSD stamps recovered from the 1staccused (5 in numbers) would weigh 0.11 gram and the Hashis would come to 0.26 gram. Thereafter the 2nd accused was also arrested on the allegation that he had sold the contraband to the 1st accused herein.
4. It is submitted by the learned counsel for the petitioner that the contraband in this case when weighed in a car
Bail denied in commercial quantity NDPS case as twin conditions under Section 37 unsatisfied; minor weight discrepancy and examination of 15/23 witnesses negate claims of doubt or trial delay.
The rider under Section 37 of the NDPS Act must be satisfied for granting bail to an accused involved in a case with commercial quantity of contraband, and the length of custody or the status of the ....
Bail in NDPS commercial quantity cases denied absent court satisfaction of twin Section 37 conditions, even with prolonged incarceration or trial delay; vehicle occupants prima facie in conscious pos....
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the accused demonstrates reasonable grounds for believing they are not guilty and unlikely to commit further ....
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
In NDPS commercial quantity cases, bail requires strict satisfaction of Section 37 twin conditions: reasonable grounds believing not guilty and no reoffending risk. Prolonged detention, trial delays ....
Bail denied in NDPS commercial quantity case as accused failed twin conditions of Section 37: no reasonable grounds to believe not guilty given prima facie conscious possession via concealment attemp....
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