HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SHYAM P.S – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the 2nd accused in Crime No.907/2023 of Angamaly Police Station. The above case is registered against the petitioner and another alleging offences punishable under Sections 8, 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). Petitioner was arrested on 07.09.2023.
3. The prosecution case is that, on 07.09.2023 at about 00.15 hours, the accused Nos. 1 and 2 were found in possession of 147 gms of MDMA, which was kept beneath the music system of a motor car. Hence, it is alleged that the accused committed the offences.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. The petitioner earlier filed a bail application before this Court as BA No. 2677/2025. That application was disposed by this Court with following directions :
“1. The petitioner is free to file a bail application before the Jurisdictional Court within two weeks raising all the contentions raised in this bail application.
2. If such a bail application is received, the Jurisdictional Court will consider the same and pass appropriate orders in it, in the lig
Bail is the rule and jail is the exception; prolonged detention without trial can justify bail even under stringent statutory conditions.
Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied, ensuring fair trial rights under Article 21.
Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied, ensuring fair trial rights.
Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied, ensuring fair trial rights.
Bail is the rule and jail is the exception; non-commercial quantity of narcotics allows for bail under stringent conditions.
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 Section 37 of the NDPS Act, aligning with Article 21's protection of personal liberty.
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 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.
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