HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
ABHISHEK SAJI – Appellant
Versus
UNION OF INDIA – Respondent
ORDER :
These Bail Applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita are connected and therefore I am disposing of these cases by a common order.
2. Petitioners in these cases are the accused in OR No.6 of 2023 of Narcotic Control Bureau (NCB), Kochi, which is now pending as S.C. No. 1939/2023 on the files of the 1st Additional Sessions Court, Ernakulam.
3. The gist of the prosecution case is that: on the basis of the intelligence information received on 21.06.2023, at around 14:15 hours, four suspicious parcels containing narcotic substances were recovered at Ernakulam Head Post Office. On an inspection of the said parcels, it was found that 2.23 grams (200 LSD blots) of thick, multi-colored design paper believed to be LSD were recovered. On the basis of the said information, the Investigating Officer summoned three persons. In the investigation, it was revealed that the fourth accused had ordered one of the parcels containing 900 mg of LSD (80 LSD blots) in the name of his brother-in-law, Nitheesh. On questioning the said Nitheesh, informed that the contraband article was purchased by the fourth accused by paying Rs.25,000/- through crypto currency to a
Prolonged incarceration without trial violates Article 21, allowing for relaxation of bail restrictions under Section 37 of the NDPS Act.
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 delay can override statutory bail restrictions under Section 37(1)(b) of the NDPS Act, protecting the accused's liberty under Article 21.
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.
Bail is the rule and jail is the exception; prolonged detention without trial can justify bail even under stringent statutory conditions.
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 Section 37(1)(b) of the NDPS Act, emphasizing the 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.
Bail is the rule and jail is the exception; the court can relax stringent conditions under the NDPS Act in certain circumstances.
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, affirming the right to personal liberty under Article 21.
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