Dismissed

Nasar v. State of Kerala

Kerala HC12 Jul 2012Bail Appl./4322/2012

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a bail application filed by an accused person charged under Section 20(b)II(B) of the NDPS Act for possession of ganja. The petitioner, already on bail in a similar prior case, was alleged to have violated bail conditions. The court declined to grant bail at the stage of admission and dismissed the application.

What did the court decide?

Bail application dismissed; petitioner continued in custody.

Nasar Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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THURSDAY, THE 12TH DAY OF JULY 2012/21ST ASHADHA 1934

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Bail Appl..No. 4322 of 2012 ()

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IN CRMP.332/2012 of SPL. COURT (NDPS ACT CASES), VADAKARA IN CRIME NO.16/2012 OF KOZHIKODE EXCISE RANGE

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PETITIONER/ACCUSED(S)/ACCUSED:

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NASAR, AGED 30 YEARS S/O.KUNHIBAVA, THODI VEETTIL, KATTIKULAM THRISSILLERI VILLAGE, MANANTHAVADI NOW RESIDING AT BAIRAKKUPPA, PIN 670645.

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BY ADV. SRI.G.SIJI

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RESPONDENT/COMPLAINANT(S)/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR KOZHIKODE EXCISE (CRIME 16/12) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR, SRI. SREEJITH V.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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das

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N.K.BALAKRISHNAN, J.

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==================

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B.A.No. 4322 of 2012

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========================= Dated this the 12^th day of July, 2012

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ORDER

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Petitioner is the accused in Crime No.16/2012 of Kozhikode Excise Range. The offence alleged against him is under Sec.20(b)II(B) of the NDPS Act.

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It is alleged that on 07.05.2012 at about 11.20 AM, when the Excise Officials were on duty, this accused was found keeping possession of 3 KG of 'Ganja' at a place on the western side of the Mavoor Road-Jaferkhan colony Road. He has been in custody since then.

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The learned counsel for the petitioner submits that considering the period of detention, the petitioner may be granted bail. This request is strongly opposed by the learned public prosecutor. It is stated that this petitioner was involved in another crime registered under NDPS Act, where the allegation is that he was in

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B.A.No.4322/2012

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: 2 :

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possession of 1.340 Kg of 'Ganja'. He was arrested and was later released on bail on 22.02.2011. One of the conditions mentioned in the bail order was that the accused shall not commit any such offence of similar nature while on bail. It is in violation of the conditions of bond, the petitioner has committed this offence and as such, the prosecution is taking steps to get the order of bail passed in Crime No.771/2010 cancelled.

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Considering all the aspects, I am not inclined to grant bail to the petitioner at this stage. Hence, it is dismissed.

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N.K.BALAKRISHNAN, JUDGE

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das

Nasar v. State of Kerala

Case brief

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What did the court decide?

Nasar v. State of Kerala

Case brief

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What did the court decide?

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