The Kerala High Court dismissed the bail application of accused persons charged under the NDPS Act for possession of ganja. The court found that grounds for release under Section 37(1)(b)(ii) of the NDPS Act were not present.
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
WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932
Bail Appl..No. 6545 of 2010() ----------------------------CRIME NO.2/2010 OF EXCISE CIRCLE OFFICE, ALUVA
PETITIONERS/ACCUSED
BY ADV. SRI.S.RAJEEV
RESPONDENT(S): COMPLAINANT
-----------------------------------------------------STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.2/2010 OF EXCISE CIRCLE OFFICE, ALUVA). PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No.6545 of 2010
DATED: 10.11.2010
O R D E R
In this Petition filed under Sec.439 Cr.P.C. the petitioners, who
are accused Nos.1 to 4 in Crime No.2/2010 of Excise Circle Office, Aluva for offences punishable under Sections 20(b)(ii) C, 25 and 29 of the N.D.P.S. Act for allegedly having been found in possession of 26.5 kilograms of ganja, seek bail.
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 petitioners. This Application is, accordingly, dismissed.
V.RAMKUMAR,
JUDGE.
sj
2 issues framed by the court
Whether the petitioners are eligible for bail in a narcotics offence under Section 37(1)(b)(ii) of the NDPS Act.
Whether the grounds enumerated under Section 37(1)(b)(ii) of the NDPS Act are present to justify release of the petitioners.
2 provisions across 2 enactments
A.P.SREEKUMAR
K.P.BINU
P.S.RATHEESH
T.K.SHAJI
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
