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Kerala HC dismisses bail to man caught with 1.75 kg prescription drugs

A Single Judge bench of Justice Ashok Menon noted, “the Court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected.”

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The Kerala High Court recently dismissed a bail application filed by a man found in possession of 2,830 capsules weighing 1,750 grams of Spasmo Proxyvon containing Tramadol, a commercial quantity of a psychotropic substance, while upholding the order passed by the designated NDPS Act court .

A Single-Judge bench of Justice Ashok Menon noted, “The Court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected.”

The bail application has been filed by Saharath VP who is an accused under offense punishable under section 22(C) of the Narcotic Drugs and Psychotropic substances Act, 1985 (NDPS Act) for allegedly being found in possession of 2,830 capsules weighing 1,750 grams of Spasmo Proxyvon containing Tramadol, a commercial quantity of a psychotropic substance, violating the provisions of the NDPS Act.

However, the bench observed, “An accused has right to make successive applications for grant of bail. But the Court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected. 

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“In such cases, the Court also has a duty to record what are the fresh grounds which persuade it to take a view different from the one taken in the earlier applications,” the bench added.

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