IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Rami Isaldin Adam Abdulla – 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 3rd accused in Crime No.1592 of 2023 of Kollam East Police Station. The case is now pending as S.C No.380 of 2024 on the files of the 1st Additional Sessions Court, Kollam. The above case is registered against the petitioner and others alleging offences punishable under Sections 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
3. The prosecution case is that, on 08.10.2023 at 9:50 p.m., the 1st accused was found in possession of 75 grams of Methaphetamine . It is also alleged that the petitioner is also involved in this case.
4. Heard counsel for the petitioner and the Public Prosecutor for the respondent. The Public Prosecutor submitted that an objection is filed in this bail application, this Court perused the same also.
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
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 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 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 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.
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under Section 37 of the NDPS Act, aligning with Article 21's protection of personal liberty.
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