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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
ANZAR AZEEZ – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of bail application and charges under ndps act. (Para 1 , 2 , 3) |
| 2. arguments by defense and prosecution regarding bail. (Para 4 , 5 , 6) |
| 3. court observations on prima facie findings and their implications. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. judicial standard for evaluating bail applications. (Para 15) |
ORDER
This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita. If a lawyer argues a bail application by adverting to the merit of the case and insists for an order on merit, and if the court observes that, prima facie there is a case, whether the same is binding on the investigating authority or the trial court, is the question to be decided in this case.
2. Petitioner is the 2nd accused in Crime No.1236/2023 of Adimali Police Station. The above case is charge-sheeted against the petitioner alleging offences punishable under Sections 20 (b)(ii)B, 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. The prosecution case is that, on 6.10.2023 at 2.15 pm, with the knowledge of accused Nos.2 and 3, accused No.1 transported 5.125 kgs of ganja and 78.91 gms of Methamphetamine
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