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P. V. KUNHIKRISHNAN
Mohammed Sajjid S/o Abdul Gafoor – Appellant
Versus
State Of Kerala – Respondent
Based on the provided legal document, the key points relevant to your query are as follows:
The offence in question involves possession of a psychotropic substance, specifically MDMA, under Section 22(b) of the NDPS Act, with a maximum punishment of up to ten years of rigorous imprisonment (!) .
The statutory provisions for bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS) are similar to those in the Cr.P.C., particularly regarding the period for which detention can be authorized without a charge sheet: 60 days for offences punishable with less than ten years, and 90 days for offences punishable with ten years or more (!) (!) .
The phrase "for a term of 10 years or more" in Section 187(3)(i) of BNSS is interpreted to mean that the minimum punishment must be ten years or more, not merely up to ten years. Since the offence's maximum punishment is exactly ten years, it does not meet this threshold, and thus, the provisions allowing extended detention beyond 60 days do not apply (!) (!) .
As the offence's maximum punishment is ten years, the investigation period permissible under Section 187(3)(ii) of BNSS is 60 days, and the detention period should accordingly be limited to this timeframe (!) (!) .
The application for statutory bail under Section 187(3) was filed but was not considered by the court, which is a procedural oversight. The court emphasizes that the mere presence of antecedents or habitual offender status cannot be a sole reason to deny bail when the offence's maximum punishment does not exceed ten years (!) (!) .
The court concludes that the petitioner is entitled to statutory bail under Section 187(3) of BNSS since the offence's maximum punishment is not "more than ten years," and the investigation period should be limited to 60 days (!) .
Conditions for bail include executing a bond, cooperating with the investigation, not leaving India without permission, and refraining from committing similar offences. The bail can be canceled if these conditions are violated (!) (!) (!) (!) (!) .
The court directs the petitioner to be released on bail upon executing a bond of Rs.50,000 with two solvent sureties of the same amount, and to appear before the Investigating Officer as required (!) .
In summary, since the maximum punishment for the offence is ten years, the petitioner is entitled to bail within the statutory period of 60 days, and the application for bail should be considered on this basis without undue delay.
ORDER :
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (for short, BNSS).
2. Petitioner is an accused in Crime No.398/2024 Kadavanthra Police Station. The above case is registered against the petitioner alleging offences punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).
3. The prosecution case is that, on 11/11/2024 at about 11.00 P.M, the Police party, on secret information, conducted a raid at Noa’s Arch Hotel at Vyttila and seized 2.28 grams of MDMA from Room No.304. The petitioner was present there and he was arrested on 12/11/2024.
Hence it is alleged that the accused committed the offence.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner is entitled to statutory bail under Section 187(3) of BNSS. According to the counsel for the petitioner, the petitioner was arrested on 12.11.2024. He moved an application before the First Additional Sessions Judge, Ernakulam under Section 187(3) of BNSS for bail. The same was not considered by the Sessions Judge is the submission. According to the petitioner, he is ent
The court ruled that the petitioner is entitled to statutory bail under Section 187(3) of BNSS, emphasizing that the maximum punishment under Section 22(b) of the NDPS Act is ten years, and anteceden....
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The period of interim bail does not count towards the detention period for statutory bail eligibility under the BNSS.
The right to default bail under Section 167(2) is indefeasible and cannot be circumvented by the filing of a charge-sheet after the statutory period.
(1) Default bail – Period of 90 days is stated to be counted when investigation for fresh offence(s) is started and not from date of lodging of FIR.(2) Default bail – Right to seek default/statutory ....
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