P. V. KUNHIKRISHNAN
Jithu Thomas S/o Thomas – Appellant
Versus
State of Kerala – Respondent
ORDER :
P.V. KUNHIKRISHNAN, J.
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the 15 th accused in Crime No.375 of 2022 of Kannur Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 21, 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
3. The prosecution case is that the police seized 3.49 grams of LSD, 39 grams of tablets and 18.5 grams of brown sugar from a building where accused Nos.1 to 3 were working. Specific allegation against the petitioner is that he transferred an amount of Rs.11,29,650/- to the account of accused No.2.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. 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] , Nitish Adhikary @ Bapan v. The State of West Bengal [SLP to Appeal (Crl.) No.5769 of 2022] and also Hasanujjaman and others v. The State of West Bengal [SLP to Appeal (Crl.) No.3221 of 2023] and submitted that when there is
Ankur Chaudhary v. State of Madhya Pradesh
Nitish Adhikary @ Bapan v. The State of West Bengal, SLP to Appeal (Crl.) No.5769 of 2022
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, emphasizing 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 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 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 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 can override statutory bail restrictions under the NDPS Act, affirming the right to personal liberty under Article 21.
Prolonged incarceration due to prosecution delay can override statutory bail restrictions under Section 37(1)(b) of the NDPS Act, protecting the accused's 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.
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.
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