IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SALVIN CLEETUS S/o CLEETUS K.A. – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
These Bail Applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita .
2. Petitioners in these cases are accused Nos.2, 5 and 9 in Crime No.900/2023 of Palluruthy Police Station.
3. The prosecution case is that, on 07.04.2023, during the course of yellow patrolling duty, the detecting officer received information that two persons were restrained by the public along with a car near Madura Company at KMP Road, Palluruthy. The police party proceeded to the above mentioned place and during the enquiry, the investigating agency found total quantity of 174.250 Kg of Ganja from the car. Hence it is alleged that the accused committed the offences. The petitioner in B.A. No.5138/2024 was arrested on 19.08.2023, the petitioner in B.A. No.6964/2024 was arrested on 27.04.2023 and the petitioner in B.A. No.8313/2024 was arrested on 17.08.2023.
4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.
5. The counsel appearing for the petitioners 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
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.
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 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 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 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 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 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 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 override statutory bail restrictions under the NDPS Act, emphasizing the right to personal liberty under Article 21.
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