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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Jomon S/o Varghese – Appellant
Versus
State Of Kerala – Respondent
ORDER :
The short point to be decided in this case is that, whether the bail court should scrupulously consider to find out the violation of the mandatory provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
2. The petitioner is the 5th accused in Crime No. 911/2024 of Wadakkanchery Police Station, Thrissur. The above case is registered against the petitioner and others alleging offences punishable under Sections 20(b)(ii)(C) and 29 of the NDPS Act.
3. The Prosecution case is that on 05.12.2024 at 10:50 p.m., the police party led by the Sub Inspector of Police, Wadakkanchery Police Station was conducting vehicle checking along the Wadakkanchery-Kunnamkulam Public Road. At that time, a pick-up van bearing Registration No. TN-29CW-6229 came from the Wadakkanchery side and the driver of the said pickup van stopped the vehicle before the police party, when the Sub Inspector showed a signal to stop the vehicle. It is further alleged that while the said vehicle was stopped and on seeing the police party, two persons travelling in the carriage body of the said pickup van ran away. On questioning the driver and two others travelling in the cabin of th
The bail court need not examine violations of mandatory provisions of the NDPS Act at the bail stage, focusing instead on FIR and seizure records.
Point of Law- It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is sta....
Point of Law : It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is st....
It is imperative on part of police officer to apprise the person intended to be searched of his right under Section 50 of the NDPS Act to be searched only before a Gazetted Officer or a Magistrate.
The central legal point established in the judgment is the non-satisfaction of the twin conditions under Section 37 of the NDPS Act for granting bail.
Non-compliance of mandatory provisions like Sections 42 and 50 of the N.D.P.S. Act can be considered as a ground for bail if clear from the F.I.R. and not explained by the prosecution.
Expression ‘reasonable grounds’ means something more than prima facie grounds.
The court emphasized that bail under the NDPS Act requires satisfying stringent conditions, ensuring substantial grounds for believing the accused is not guilty, and permitting prosecutorial oppositi....
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