IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Sooraj, S/o Sukheshan – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the accused in Crime No.34/2025 of Chathannur Excise Range. The above case is registered against the petitioner alleging offences punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act (for short, NDPS Act).
3. The prosecution case is that, the accused was found in possession of 1.519 grams of MDMA.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner is in custody from 23.02.2025 and he is ready to abide any conditions if this Court grant him bail. The Public Prosecutor opposed the bail application. But the Public Prosecutor conceded that as per the report received by him from the Investigating Officer, no criminal antecedent is alleged against the petitioner.
6. This Court considered the contentions of the petitioner and the Public Prosecutor. Admittedly the quantity seized from the petitioner is only intermediate quantity. In such circumstances, the rigour under Section 37 of the NDPS Act is not attracted. No criminal antecedent is alleged against the
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.
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 under Article 21.
The court reaffirmed that bail is the rule and jail is the exception, emphasizing the need for fair trial rights and proper consideration of bail applications.
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; serious allegations do not preclude bail if conditions are satisfied.
Bail is the rule and jail is the exception; the court can relax stringent conditions under the NDPS Act in certain circumstances.
Bail is the rule and jail is the exception; courts must grant bail when warranted, ensuring fair trial rights.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.