P. V. KUNHIKRISHNAN
Kiran T. S/o. Krishna Kumar – Appellant
Versus
State of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.
2. Petitioner is the 3 rd accused in Crime No.235/2024 of Meenangadi Police Station, Wayanad. The above case is registered against the petitioner and others alleging offences punishable under Section 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. Petitioner was arrested on 18.04.2024 and he is in custody.
3. The prosecution case is that on 06.04.2024 at about 9.30 am, while accused 1 and 2 were found in possession of 349 gram of MDMA, near panchayath bus stand, Meenangadi, in contravention to the provisions of NDPS Act. It is alleged that accused Nos.1 and 2 purchased the contraband from the 4 th accused for the purpose of sale to the 3 rd accused and committed the above offences.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submits that the allegation against the petitioner is that an amount of Rs.2,60,000/- was transferred to the 2 nd accused. He also submits that there
Chidambaram. P v. Directorate of Enforcement, [2019 (16) SCALE 870]
Jalaluddin Khan v. Union of India, [2024 KHC 6431]
Manish Sisodia v. Directorate of Enforcement, [2024 KHC 6426
Manish Sisodia v. Directorate of Enforcement, [2024 KHC 6426
Bail is the rule and jail is the exception; absence of contraband justifies granting bail even under stringent statutes.
Bail is the rule and jail is the exception; the court can relax stringent conditions under the NDPS Act in certain circumstances.
The court found reasonable grounds to believe the petitioner is not guilty of drug-related offences, allowing bail despite NDPS Act restrictions.
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.
The principle of parity in bail decisions necessitates granting bail to an accused when co-accused facing similar allegations have been released, despite the commercial nature of the drug quantity in....
Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied, ensuring fair trial rights.
Bail under NDPS Act requires meeting specific conditions; mere custody duration is insufficient for bail.
The court determined that involvement in serious narcotic offences requires substantial grounds for bail, confirming the gravity of the applicant's actions.
Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied, ensuring fair trial rights.
Bail is the rule and jail is the exception; non-commercial quantity of narcotics allows for bail under stringent conditions.
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