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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Lijin S/o Shakir – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).
2. Petitioner is the 3rd accused in Crime No.1766 of 2023 of Attingal Police Station, registered for the offences punishable under sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution, on 30.07.2023, petitioner along with other accused were found in possession and transporting 89.70 grams of MDMA in a Toyota Altis car bearing Registration No.DL-4-CNE-3652 for the purpose of sale and thereby the accused committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. Petitioner was arrested on 30.07.2023 and he has been in custody since.
6. The learned counsel for the petitioner submitted that pursuant to the directions issued by this Court, in separate bail applications, all the remaining accused were granted bail by the trial court as early as in March, 2025 and except the petitioner, all others are at liberty. The learned counsel further submitted that the trial court has, pursuant to the directions of this Court in t
The principle of parity in bail decisions necessitates granting bail to an accused when co-accused facing similar allegations have been released, despite the commercial nature of the drug quantity in....
Bail under NDPS Act requires meeting specific conditions; mere custody duration is insufficient for bail.
The court determines that the detention of a petitioner for an NDPS offence is unnecessary due to the nature and quantity of the contraband, allowing bail with conditions.
Bail is the rule and jail is the exception; the court can relax stringent conditions under the NDPS Act in certain circumstances.
The court emphasized the necessity of substantial grounds for bail in cases involving serious narcotic offences under the NDPS Act.
The court can grant bail if the rigour of Section 37 does not apply due to the nature and quantity of contraband, alongside other considerations.
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.
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