Mahesh Kumar.T vs. State Of Kerala
Held
The High Court confirmed that the final report had not been submitted and no extension petition was filed, thereby entitling the petitioner to statutory bail. The Court allowed the application, granting bail subject to conditions including executing a bond for Rs. 50,000 with two solvent sureties.
Facts
The petitioner, accused in a Narcotic Drugs and Psychotropic Substances Act (NDPS Act) case, was arrested on November 25, 2022. He sought regular bail under Section 439 CrPC, arguing that he had completed 180 days in judicial custody without the final report being filed or any petition for extension of time being moved under Section 36A(iv) of the NDPS Act.
Key Issues
The primary legal issue was whether the petitioner was entitled to statutory bail due to the prosecution's failure to file the final report or seek an extension of time within the stipulated 180-day period under Section 36A(iv) of the NDPS Act.
Sections Cited
No CGST/SGST Act sections or Rules were discussed in this judgment.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973. 2. Petitioner is the 18th accused in Crime No.731
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