P. V. KUNHIKRISHNAN
Najmal Khan S/o Abdulkalam – Appellant
Versus
State of Kerala – Respondent
O R D E R
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the 1 st accused in Crime No.399 of 2023 of Chavara Police Station, Kollam. The above case is registered against the petitioner and others alleging offences punishable under Sections 22(c), 20(b)(ii)(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). The case is now pending as S.C No.1168/2023 on the file of the Additional Sessions Court, Kollam.
3. The prosecution case is that on 08.03.2023 at about 01:30 a.m., a car driven by the 3 rd accused was intercepted and searched. During the search 1.4 grams of MDMA and 33 grams of Ganja was seized from the possession of the petitioner. Further case of the prosecution is that 204 grams of MDMA was found concealed in a flap of the dickey door of the car. Hence it is alleged that the accused committed the offence. The petitioner is in custody from 08.03.2023.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. Counsel for the petitioner submitted that, the petitioner is about to complete two years detention
Ankur Chaudhary v. State of Madhya Pradesh
Prolonged incarceration without trial violates Article 21, allowing bail despite restrictions under Section 37 of the NDPS Act.
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.
Prolonged incarceration due to prosecution delays can justify bail, overriding statutory restrictions under the NDPS Act, in light of Article 21 of the Constitution.
Prolonged incarceration due to prosecution delays may warrant bail despite statutory restrictions under the NDPS Act, safeguarding the fundamental right to personal liberty under Article 21.
Prolonged incarceration due to prosecution delays can allow bail despite statutory restrictions under the NDPS Act, as it violates the fundamental right under Article 21 of the Constitution.
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, emphasizing the right to personal liberty under Article 21.
Bail is the rule and jail is the exception; the court can relax stringent conditions under the NDPS Act in certain circumstances.
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, affirming the right to personal liberty under Article 21.
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under Section 37(1)(b) of the NDPS Act, emphasizing the right to personal liberty under Article 21.
Prolonged incarceration due to prosecution delays can justify bail, overriding statutory restrictions under the NDPS Act, in light of the right to personal liberty under Article 21.
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