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P. V. KUNHIKRISHNAN
Shafi S/o Usman – Appellant
Versus
State of Kerala – Respondent
ORDER :
The petitioner is an accused in Crime No.458 of 2023 of Meenakshipuram Police Station, Palakkad district. The above case is registered against the petitioner and other accused alleging the offences punishable under Section 20(b)(ii) C and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 . The case now pending as S.C.No.43 of 2024 on the files of the Additional District and Sessions Court-III (ADHOC-I), Palakkad.
2. The prosecution case is that, on 26.07.2023, at around 12.50 P.M, the police party intercepted a Bolero Jeep, in which the petitioner and accused were traveling. After conducting search on the said vehicle, 80 kilograms of dried ganja was seized from different bags, which was concealed under the seat of the said vehicle and thus, the accused have committed the said offences. The petitioner was arrested on 26.07.2023.
3. Heard counsel for the petitioner and the Public Prosecutor for the respondents.
4. The counsel appearing for the petitioner raised a short point. The counsel relied on the judgment of the Apex Court in Ankur Chaudhary v. State of Madhya Pradesh [2024 Live Law (SC) 416] and
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.
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 the NDPS Act, affirming the right to personal liberty under Article 21 of the Constitution.
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, affirming the right to personal liberty under Article 21 of the Constitution.
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 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 override statutory bail restrictions under Section 37 of the NDPS Act, aligning with Article 21's protection of personal liberty.
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, emphasizing the right to personal liberty under Article 21.
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