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P. V. KUNHIKRISHNAN
Shanavas K. C. S/o Attakoya B. – Appellant
Versus
Union Territory of Lakshadweep – Respondent
ORDER :
P.V. KUNHIKRISHNAN, J.
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS).
2. Petitioner is the accused in Crime No.8/2024 of Anthroth Police Station, Lakshadweep. The above case is registered against the petitioner alleging offences punishable under Sections 22(b), 27(A) of Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and Section 3(a) of the LPR (Lakshadweep Prohibition Regulation) 1979. Petitioner was arrested on 07.10.2024 and he is continuing in the judicial custody.
3. The prosecution case is that, on 07.10.2024, while a police party was on routine patrol duty, they observed the 1 st accused, who is the petitioner herein behaving in a suspicious manner near Panda Mosque, Androth. Acting on suspicion, the detecting officer conducted a body search of 1st accused. During the search, the ofÏcer recovered two packets of contraband concealed inside a Gold Flake cigarette cover, the contraband was identified as MDMA weighing approximately 5 grams in total. After removing the cover, the quantity of MDMA assessed as 4.5 grams. Petitioner was arrested on 07.10.2025. Hence, it is alleged that the accused committed the offe
Bail is the rule and jail is the exception; solitary transactions do not constitute financing illicit trafficking under Section 27(A) of the NDPS Act.
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 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 justify bail, overriding statutory restrictions under the NDPS Act, in light of Article 21 of the Constitution.
The court emphasized the need for substantial grounds to believe in the applicant's innocence concerning serious NDPS Act charges.
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, emphasizing the right to personal liberty under Article 21.
The court emphasized that the seriousness of the charges and the applicant's history justified denying bail.
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.
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 ....
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