Bail application of accused Shiraz, charged with illegal possession of LSD stamps under the NDPS Act. The court granted bail considering the quantity was borderline regarding commercial limits and pending Supreme Court decision.
Petitioner released on bail via bond of Rs. 50,000 with two sureties for similar amounts.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY ,THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940
Bail Appl..No. 4992 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMC 1300/2018 of SESSIONS COURT, ERNAKULAM DATED 30-06-2018
CRIME NO. 1126/2018 OF Kalamassery Police Station , Ernakulam
PETITIONER/ACCUSED:
SHIRAZ AGED 28 YEARS, S/O.ABOOBACKER, SHEREENA MANZIL, EAST KADUNGALLUR, U.C.COLLEGE P.O., ALUWA, PIN-683 102.
BY ADVS. SRI.C.S.MANU SRI.ANTONY MATHEW SRI.C.Y.VIJAY KUMAR SRI.S.K.PREMRAJ SRI.T.B.SIVAPRASAD
RESPONDENT/COMPLAINANT & THE INVESTIGATING OFFICER:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 THE CIRCLE INSPECTOR OF POLICE KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM, PIN-682021.
OTHER PRESENT:
PP SRI. C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.4992/18
2
ORDER
Petitioner herein stands arrayed as the sole accused in Crime
No.1126 of 2018 of Kalamassery Police Station for offence punishable under section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
(i) Petitioner herein shall be released on bail on he executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to
B.A.4992/18
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the satisfaction of the jurisdictional Court.
(ii) He shall appear before the investigating officer
as and when called for.
(iii) He shall not get involved in any other identical offence.
Bail application is allowed as above.
Sd/-
SUNIL THOMAS
JUDGE
Sbna/
2 issues framed by the court
Whether bail should be granted to an accused charged with illegal possession of LSD stamps under Section 22(c) of the NDPS Act when the quantity is slightly above the commercial limit.
Whether the decision of E.Micheal Raj v. Intelligence Officer by the Supreme Court affects the bail petition.
Colour shows how this judgement treated each authority
E.Micheal Raj v. Intelligence Officer, Narcotic Control BureauReferred¶24
AIR 2008 SC 1720 · Who else cites this
2 provisions across 2 enactments
SHIRAZ
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SUNIL THOMAS
Parties & counsel
