IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Jithin Babu S/o Suresh Babu – 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 1st accused in Crime No.438 of 2023 of Thottilpalam Police Station, Kozhikode. The above case is registered against the petitioner and another alleging offences punishable under Sections 22(c) , 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
3. The prosecution case is that, on 23.09.2023 at about 10:20 p.m., the Detecting OfÏcer and party received a reliable information that the 1st and 2nd accused had hatched a conspiracy and were travelling in a car with contraband articles. Accordingly, the Detecting OfÏcer intercepted the car and conducted a search of the accused as well as the vehicle. It is submitted that 96.44 grams of MDMA was seized from the pants pocket of the 1st accused and from the dashboard of the car. Hence it is alleged that the accused committed the offence. It is also submitted that the petitioner is a HIV-positive patient. The petitioner was arrested on 23.09.2023 and he is in custody for about one year and five months.
4. Heard counsel for the petitioner and the Public Prosecutor for the
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 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 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 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 override statutory bail restrictions under the NDPS Act, affirming 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 justify bail, overriding statutory restrictions under the NDPS Act, in light of the right to personal liberty under Article 21.
Bail is the rule and jail is the exception; the court can relax stringent conditions under the NDPS Act in certain circumstances.
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