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P. V. KUNHIKRISHNAN
Ishthiyak – Appellant
Versus
State of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the accused in Crime No.90/2023 of Excise Enforcement and Anti Narcotic Special Squad, Ernakulam. The above case is registered against the petitioner alleging offences punishable under Sections 22(c), 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).
3. The prosecution case is that, on 29.11.2023, the accused was found in possession of 5.049 gm of MDMA, which was subsequently found as methamphetamine Hydrochloride after analysis. The police party also found 107.6706 grams MDMA and 80.3204 grams MDMA from the lodge room. That was also found as methamphetamine Hydrochloride. The petitioner was arrested on 29.11.2023.
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 judgments 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
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 Section 37(1)(b) of the NDPS Act, emphasizing the right to personal liberty under Article 21.
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 without trial violates Article 21, allowing bail despite restrictions under Section 37 of the NDPS Act.
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 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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