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A. BADHARUDEEN
Shuaib. A. S S/o. Abdul Vaheed – Appellant
Versus
State of Kerala – Respondent
ORDER
This is the third application for regular bail filed by the petitioner, who is the 2 nd accused in Occurrence Report No.1 of 2022 of Narcotics Control Bureau, Kochi, Ernakulam.
2. Heard the learned counsel for the petitioner as well as the learned Special Public Prosecutor appearing for the Narcotics Control Bureau (`NCB’ for short). Perused the records.
3. The prosecution case in brief is that, 80 grams of MDMA was seized from the possession of the 1 st accused, at about 12.30 pm on 09.11.2021. Thereafter, the 1 st accused was arrested and has been detained in custody. Further investigation revealed the involvement of accused Nos. 2 to 7 in this crime. The specific allegation of the prosecution against the 2 nd accused is that, the 2 nd accused had arranged a lodge to the 1 st accused to collect the contraband which was seized from his possession and also he had paid rent for the said room. That apart, the petitioner also effected payment of money to the other accused, in the matter of purchase of the contraband. The petitioner was arrested on 29.01.2022 on the basis of the said alleg
Prolonged trial delays caused by prosecution can justify bail, overriding statutory restrictions under Section 37 of the NDPS Act, in light of the right to personal liberty under Article 21.
Prolonged incarceration without trial violates Article 21, allowing bail despite restrictions under Section 37 of the NDPS Act.
Prolonged incarceration due to prosecution delays can justify bail, overriding statutory restrictions under the NDPS Act, in light of Article 21 of the Constitution.
Bail – When Courts recognize and respect individual right to life and liberty as guaranteed under Article 21 of Constitution of India, it is duty of Court to recognize and respect such rights of citi....
Prolonged incarceration due to prosecution delays may override statutory bail restrictions under Section 37 of the NDPS Act, emphasizing personal liberty under Article 21 of the Constitution.
Bail – When prosecution alleges possession of commercial quantity of contraband, rider under Section 37 of NDPS Act would apply.
The main legal point established in the judgment is the strict application of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, which restricts the release on bail of an accused invol....
The decision reinforced the requirement under Section 37 of the NDPS Act to establish reasonable grounds for bail in cases involving serious narcotic offenses.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the gravity of drug trafficking offences and the legislative intent to p....
Prolonged incarceration without trial infringes upon fundamental rights, warranting bail despite the serious nature of charges under the NDPS Act.
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