Naresh Kumar Garg v. State of Kerala
Case brief
What is this about?
In this bail application, the Kerala High Court dismissed the plea of the 3rd accused in an NDPS case. The court held that the case requires trial for commercial quantity of narcotics and that granting bail might hinder a smooth trial due to witness safety concerns and flight risks.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 12TH DAY OF JULY 2012/21ST ASHADHA 1934
Bail Appl..No. 4142 of 2012 ()
SC.40/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA, KOZHIKODE DIST.) ------------
PETITIONER/ACCUSED NO.3:
SHRI NARESH KUMAR GARG S/O.SHANTI SWAROOP BHARDWAJ, H.NO.2705, SECTOR 37 C CHANDIGARH.
BY ADVS.SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.M.SUNILKUMAR SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR SRI.MANU TOM SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
RESPONDENTS/COMPLAINANTS:
1. SENIOR INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT 673 001.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the 3rd accused charged with narcotic offences involving commercial quantity under Sections 27A, 28, and 29 of the NDPS Act.
Whether the evidence of financial transactions and alleged conspiracy justifies rejecting bail at the trial stage.
Whether the possibility of the accused threatening witnesses or fleeing precludes grant of bail.
Parties & counsel
- petitioner
Shri Naresh Kumar Garg
- respondent
Senior Intelligence Officer, Directorate of Revenue Intelligence
- respondent
State represented by the Public Prosecutor
Coram
Case details
As recorded by the court registry
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