THE COURT WHILE CONSIDERING THE APPLICATION FOR BAIL WITH REFERENCE TO S.37 , IS NOT CALLED UPON TO RECORD A FINDING OF NOT GUILTY: KERALA HIGH COURT
The High Court of Kerala passed a judgment on 24 February, 2023 ,stating that in a bail application , the court is not called upon to record a finding of not guilty. . It was stated in the case of Debati Majhi vs State Of Kerala (B.A.No.1119/2023 ) which was passed by Justice A.Badharudeen
FACTS OF THE CASE:
The prosecution allegation is that Palakkad Railway Station, the accused were found in possession of 46.686 Kg. of Ganja against the prohibition contained in the Narcotic Drugs and Psychotropic Substances Act and accordingly they were nabbed red- handedly. Thereafter, crime alleging commission of offences punishable under Sections 22(b)(ii)(C) and 29 of the NDPS Act was registered and the same is on investigation. He had filed a bail application for the same.
JUDGEMENT OF THE CASE
The Court could not satisfy that there are reasonable grounds for believing that the petitioners are innocent and they will not commit any offence while on bail. Therefore applications for regular bail at the instance of the petitioners failed. Hence the petition stood dismissed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.