NDPS Act | Court Need Not Look At Breach Of Mandatory Provisions Of Statute While Deciding Bail Plea: Kerala HC
The Kerala High Court observed that while considering the bail plea of an accused booked under NDPS Act, the concerned court need not look into violation of mandatory provisions of the Act. Justice P. V. Kunhikrishnan in his order said: “… this Court is of the considered opinion that violation of the mandatory provisions of the NDPS Act need not be looked into by the bail court, while considering a bail application of an accused involved in the NDPS Act. Unless the entire case is known, the contention regarding the legality or validity of the action taken by the Detecting Officers, while conducting the search need not be examined in depth by the bail court.” The court added that even in a case where the final report is filed, the Court should not consider the violation of statutory provision as any prima facie finding on it will prejudice the interest of the accused or the prosecution. Nawaz Khan and held that Section 42 of the NDPS Act need not be considered by the high court in a bail application.
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