The High Court of Kerala dismissed the bail application of the third accused, charged with possessing 91.5 kgs of dried ganja under the N.D.P.S. Act, holding that statutory grounds for release were not satisfied.
Bail application dismissed. Petitioner denied bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932
Bail Appl..No. 3973 of 2010 (B)
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(CRIME NO.9/2009 OF EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, KOTTAYAM DISTRICT).
PETITIONER/ACCUSED
SHINA JOSEPH, S/O. JOSEPH, AGED 39 YEARS MADATHIKUZHIYIL HOUSE, ANAPPARA KARA, RAJAKKADU VILLAGE, UDUMBANCHOLA TALUK.
BY ADV. SRI.S.RAJEEV
RESPONDENT/COMPLAINANT
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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 09/2009 OF EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, KOTTAYAM.)
BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 09/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
V. RAMKUMAR, J.
Bail Application No. 3973 of 2010
Dated this the 9th day of September, 2010
O R D E R
In this Petition filed under Sec.439 Cr.P.C. the petitioner,
who is the 3rd accused in Crime No.9/2009 of Excise Enforcement and Anti-Narcotic Special Squad, Kottayam for an offence punishable under section 20 (b) (ii) (C) of the N.D.P.S. Act for allegedly having been found in possession of 91.5 kgs of dried ganja, seeks bail.
application.
under sec.37(1)(b)(ii) of the N.D.P.S. Act are present in this case so as to justify release of the petitioner. This Application is, accordingly, dismissed.
V.RAMKUMAR, JUDGE.
ln
2 issues framed by the court
Whether the petitioner is entitled to bail under section 37(1)(b)(ii) of the N.D.P.S. Act given the circumstances of the offence.
Whether the grounds enumerated under section 37(1)(b)(ii) of the N.D.P.S. Act are present in this case to justify release.
3 provisions across 2 enactments
SHINA JOSEPH
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
