News Updates[NDPS] Anticipatory Bail Cannot Be Granted Merely Because ‘Nothing Was Recovered’ From Accused: Kerala HC [Read Judgment] LIVELAW NEWS NETWORK5 Aug 2020 5:37 AMShare This – xThe Kerala High Court has held that anticipatory bail cannot be granted in an NDPS case merely because ‘nothing was recovered’ from the accused.To allow an anticipatory bail petition filed by a person accused under under Sections 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Sessions Court noted that ‘nothing was recovered’ from him and no prima facie…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Kerala High Court has held that anticipatory bail cannot be granted in an NDPS case merely because ‘nothing was recovered’ from the accused.To allow an anticipatory bail petition filed by a person accused under under Sections 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Sessions Court noted that ‘nothing was recovered’ from him and no prima facie material are available to indicate his active participation in the crime. Therefore, it proceeded to grant the bail. While considering the petition filed by the State challenging order, Justice R. Narayana Pisharadi noted that as per Section 37(1)(b)(ii) of the Act, if the Public Prosecutor opposes the application, two conditions have to be satisfied for enlarging the accused on bail. “The first one is that the Court shall be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence alleged against him. The second one is that the Court shall be satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail. Only on satisfaction of these twin conditions, the Court has the power to enlarge the accused on bail.”The court said that these restrictions in granting bail to a person accused of the offences specified therein would apply to an application for granting anticipatory bail also and if either of these two conditions is not satisfied, the bar operates and the accused cannot be released on bail. “These two conditions are cumulative and not alternative. If either of these two conditions is not satisfied, the bar operates and the accused cannot be released on bail.”, the judge added. The Court further said: The satisfaction contemplated, regarding the accused being not guilty, has to be based on “reasonable grounds”. The expression ‘reasonable grounds’ means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence he is charged with. The reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. Thus, recording of satisfaction on both aspects, as noted above, is sine qua non for granting bail to a person who is accused of the offences specified under clause (b) of sub-section (1) of Section 37 of the Act. However, while considering an application for bail with reference to Section 37 of the Act, the Court is not called upon to record a finding of ‘not guilty’. At this stage, it is neither necessary nor desirable to weigh the materials meticulously to arrive at a positive finding as to whether or not the accused has committed the offence alleged against him. What is to be seen is whether there is reasonable ground for believing that the accused is not guilty of the offence he is charged with and further that he is not likely to commit an offence under the Act while on bail. The satisfaction of the Court about the existence of the said twin conditions is for a limited purpose and is confined to the question of releasing the accused on bail.Taking note of the impugned order of the Sessions Court, the court observed that it has not adverted to the twin conditions mentioned under Section 37(1)(b) of the Act and that it has not recorded any satisfaction with regard to those conditions. It is also not possible to infer from the impugned order that the court was satisfied with regard to those conditions, the judge said. Thus, the order was set aside and the Court was directed to consider afresh the application for anticipatory bail filed by the accused.Case name: State of Kerala vs. Mohammed RiyasCase no.:Crl.MC.No.2707 OF 2020(G)Coram: Justice R. Narayana PisharadiCounsel: PP Sajju S., Adv Nireesh MathewClick here to Read/Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
View Comments Here’s a quick roundup of stories you may have missed today. West End Goes in One DirectionFor all you directioners out there, we’ve got the Best Song News Ever! One Direction are heading to the West End…Sort of. Only One Direction: The One Direction Story, which bills itself as a concert celebrating the music of the biggest boyband in history (what about Take That?) is set to play the Lyric Theatre October 26 through October 28. The tribute act will put on a fully interactive show that features songs from all four of One Direction’s smash hit albums. Probably best if you know all the words to “What Makes You Beautiful” if you’re thinking about taking a trip to this one…The Most-Produced Plays for 2014-15 Are…Interesting little nugget of information here. Courtesy of American Theatre, the top five most-produced plays of 2014-15 were as follows: 1. Ayad Akhtar’s Disgraced, 2. Peter and the Starcatcher, adapted by Rick Elice from Dave Barry and Ridley Pearson, 3. John Patrick Shanley’s Outside Mullingar, 4. To Kill a Mockingbird, adapted by Christopher Sergel from Harper Lee, 5. Jonathan Tolins’ Buyer & Cellar. You can check out the full list here.Casting Set for Bertie Carvel’s ApeFrom Miss Trunchbull to Hairy Ape?! Adam Burton, Buffy Davis, Callum Dixon, Steffan Rhodri, Rosie Sheehy and Nicholas Karimi will join the previously reported Matilda Tony nominee Bertie Carvel in The Hairy Ape. Directed by Richard Jones, the Eugene O’Neill classic is scheduled to begin previews on October 17 and officially open on October 29 at London’s Old Vic Theatre.Shows to Keep an Eye On? A couple of industry-only readings are on our radar. Farah Alvin (It Shoulda Been You) and Jarrod Spector (Beautiful) will headline new musical Date of a Lifetime on September 17. Featuring a book and lyrics by Carl Kissin and music by Rob Baumgartner, Jr., Tony winner Jerry Zaks has been tapped as creative consultant. Meanwhile, Tony winner Adriane Lenox (Doubt), along with Jill Paice (An American in Paris) and more, will star in a re-conceptualization of The Testament of Mary on October 1. Conceived and directed by Michael Rader, this new adaptation of Colm Tóibín’s work will feature five different women sharing the title role of Mary, each representing how different cultures around the world view Mary.NPH’s Best Time Ever’s Solid StartTony winner Neil Patrick Harris’ new NBC series, Best Time Ever with Neil Patrick Harris, premiered on September 15 to a respectable 6.8 million total viewers. According to Deadline, the show had a decent 1.9 rating among the all-important (to advertisers) adults 18-49 demographic. Check out below last night’s finale; eagle-eyed U.K. viewers will be able to spot British national treasures Ant and Dec (Best Time Ever is based on their show Saturday Night Takeaway), along with Harris’ sidekick, Olivier nominee and the potentially Broadway-bound Nicole Scherzinger.
The annual Maybank Bali Marathon (MBM), held by private lender PT Bank Maybank Indonesia, has become the first marathon race in Indonesia to win the road race bronze label from World Athletics, the international governing body for the sport of athletics.The MBM achieved the label after fulfilling requirements set and verified by World Athletics, formerly known as the International Association of Athletics Federations (IAAF), including AIMS-certified mileage and routes, road closures and time-recording systems.It also fulfilled the requirements of international runners’ attendance, medical assistance, media coverage, standardization of comfort and safety of runners and compliance with all competition regulations set by World Athletics. Maybank Indonesia president director Taswin Zakaria said the achievement would not only make the MBM an internationally recognized running competition but also raise Indonesia’s contribution to the marathon arena.“With this bronze label achievement, we are committed to continuously improving the quality of the competition, especially in the comfort and safety aspects that include the infrastructure medical assistance,” said Taswin, as stated in a statement released by MBM organizers.Taswin added that the company had implemented the “You Register, You Run” campaign to avoid data manipulation and ensure that MBM participants were the ones registered in the company’s data bank.In addition to achieving the bronze label, the MBM is now also included in the Abbott World Marathon Majors (WMM) Wanda Age Group World Rankings, which enables athletes in nine separate age groups to compete in marathons across the world to earn ranking points in a one-year qualifying period.The ninth MBM will be held on Aug. 30 with contested categories including a marathon (42.1 km), a half-marathon (21 km), a 10 km and a kids’ dash. Registration is open from Feb. 25.As a preparatory step, Maybank Indonesia will hold the Road to Maybank Marathon activities for the next six months in collaboration with health experts and running coaches.Prospective participants will get access to training and education prior to the race day, including running clinics and joint training through the Sunday Morning Long Run, where they will be given education about the cut-off time (COT) of the race per category.Topics :
Salow provides sparkoff the benchFor junior Morgan Salow, playing time has been hard to comeby so far this season, as she has only appeared in 33 of Wisconsin’s 85 games thisyear. However, in Saturdaynight’s win against the Wildcats, Salow came off the bench and provided a sparkfor the Badgers over the finally three games. “[Salow has] been the kind who, both on the left side andthe right, has been ready to go the whole year,” Waite said. One of the reasons Waite said he brought Salow into thethird game was to provide a different kind of block on the right side.“Sometimes Kat (Dykstra) can put up such a big block thatit’s actually a detriment because it’s such a target for the hitters. And ifshe’s not really on, then it really goes off for her and we can’t even defendwhen it goes out of bounds like that. Morgan’s good size, but not the same kindof block, but [she] just kept the ball in play.”For the night, Salow had six kills and chipped in with twoblocks.“(Salow) scored at some critical times. (She) had a tip — anoff-speed kill — late in the match that really made a difference for us. It wasgreat for her. It’s going to be a great confidence for her, too.” Wisconsin wins 20againFor the ninth straight year under Waite, Wisconsin has won20 matches in a season with its win over Northwestern Saturday night.“Our goals are to play great every time,” Waite said. “It’snot always the wins because if we play great, the wins will come. And that’swhat we have to do is get the passion for the players on the court, having agreat time, playing high quality ball, and they’re going to get their wins.”During Waite’s nine-year career at Wisconsin, he has acareer record off 224-63. The fewest number of wins one of his Badger teams haswon in a season was 22, which has happened twice (2003 and 2004). Thehigh-water mark for wins under Waite is 34, which occurred during the 2000season when his team won the Big Ten title and reached the NCAA championshipmatch. JEFF SCHORFHEIDE/Herald photoAfter being upset by Michigan State Friday night, theUniversity of Wisconsin volleyball team dropped four spots to No. 11 in thelatest rankings and is now two games behind Big Ten conference leader PennState.“On Friday, it kind of took me by surprise a little bit,”head coach Pete Waite said during his Monday press conference. “Michigan Stateis a very good team, and I had said that they’re really a hot team and theyplayed maybe the best they have all season, but we were a little off. They wereout of sync for some reason.”While Waite gave credit to Michigan State’s defense forholding Wisconsin to .222 hitting percentage in the match, he cited some of hisplayers being banged up as a reason for the poor showing Friday night.“I think part of that is we’ve been a little banged up,”Waite said. “Practices during the week haven’t been able to be as highintensity all the time as we’d like because you’ve got to be careful to keeppeople on the floor. That might have had a little bit to do with it, and that’sjust kind of my decision as far as how much you can push at any given point.”While Wisconsin was able to bounce back with a win overNorthwestern Saturday night, the squad still didn’t play up to its fullpotential, including senior setter Jackie Simpson who was benched in the middleof the second game. “I thought in general, the team was a little bit flustered,”Waite said. “[Simpson] was getting a little flustered and frustrated trying tocreate things and force things a little too much.”However, Waite credited Simpson’s time on the bench asreason for her improvement over the final three games of the match“Sometimes when you take a player out, they sit on the benchand they actually see what their coaches and the fans see,” Waite said. “Ithink Jackie got back in there and did a better job.”Now after a not-so-stellar weekend for the Badgers, Waite isexpecting his team to come out this week and play at its normal high level.“It was a bit of surprise,” Waite said of his team’s playover the weekend. “That’s not typical of our team, and I think they’re going tobe real motivated this week to correct things.”
After 50 years of service, officials say the Rumson-Sea Bright Bridge is in need of repair or replacement.By John BurtonRUMSON — State, county and local officials gathered at Borough Hall on Wednesday for the first of what is expected to be a series of meetings on the repair or replacement of the Rumson-Sea Bright bridge.County bridge S-32 extends from Rumson Road on this side of the Shrewsbury River to state Highway 36/Ocean Avenue in Sea Bright. The current structure is about 50 years old, said Martine Culbertson, a community involvement facilitator and consultant, who presided over the meeting.There had been discussions about five or six years about rehabilitating the bridge, but “That project had to be terminated,” said Jon Moran, Monmouth County bridge engineer, but he did not elaborate on the reason why.“It either needs to be rehabilitated or replaced,” Moran said on Wednesday.“The purpose of this meeting is to get input from the stakeholders,” he continued. “What you’d like to see.”“With a 50-year-old bridge we’re starting to see deterioration,” Moran said, noting it would need roughly $10 million worth of work to allow the existing bridge to continue operating.The fact-finding portion of the project, which is federally funded, is expected to take about 18 months, which Culbertson said was an ‘ambitious timeframe’ in which to evaluate public input and make recommendations as to how the project should proceed.But, added Bruce Riegel, the project manager for Hardesty and Hanover, LLC, “This bridge is in serious condition.”To completely build a new bridge could take as much as three years, Riegel said. Another option would be to conduct a maintenance overhaul, which would take approximately 18 months.The Oceanic Bridge, county bridge S-31, connecting Rumson and Middletown, is currently undergoing extensive repairs designed to extend its life for another ten years, at which point the Oceanic bridge would be replaced.County officials would like to wait until that project has been accomplished before moving forward with this, Moran said.Those present at the meeting included local elected officials, administrators and law enforcement personnel.Rumson Mayor John Ekdahl and Sea Bright Borough Councilman C. Read Murphy agreed that one issue to be addressed as the project moves forward is traffic flow.Vehicles traveling in to Sea Bright are currenty prohibited from making a right on red at Highway 36 South.The officials believe that slows traffic down unnecessarily and should be changed, if not during the heavily traveled summer months, then at least during the off-season.Another point, raised by Murphy concerned to bridge’s opening for boat traffic. He said the bridge opens on the half-hour on summer weekends and on request during the week; that can snarl traffic for miles, he said.“One thing,” Culbertson countered. “Boats don’t have breaks,” and the U.S. Coast Guard dictates the current schedule.Other topics concerned the impact on pedestrian safety and on mass transit in the area.Stephen Cutler, a Rumson resident and owner of Channel Club beach club, Monmouth Beach, wanted to know “How can anyone come to the conclusion that closing this bridge for 18 months makes any economic sense?”“There is no easy answer here or we wouldn’t be sitting here,” Culbertson said. “But there is a reality.”The current bridge is the fourth one to connect Sea Bright and Rumson across the Shrewsbury River. “It can be done and it has been done,” Culbertson said of the bridge replacement.The first public input session on the Sea Bright-Rumson bridge will take place Monday Feb. 27, from 1-4 p.m. in Sea Bright, and 6-9 p.m. in Rumson.Another stakeholder gathering will be held in April.
By Jenna O’Donnell |OCEANPORT – A growing effort to combat opioid addiction in the local community began when the epidemic hit close to home.Betsy Schuff, one of the Oceanport moms who founded the Drug Education Initiative (DEI) action committee, recalled the shock of losing a dear friend’s son to a drug overdose three years ago.“I knew there was an epidemic,” Schuff said. “But I never really believed that it was right here in our town or that it could happen to someone I loved. I soon learned that other parents were much like me and didn’t understand how severe the issue really is and how present it is in our community.”Schuff and other like-minded parents, hoping to bring more education and awareness to the community and to their schools, created DEI and, on Aug. 10, hosted their first forum to discuss the opioid epidemic and learn how addiction can take hold. Representatives from Monmouth Medical Center and the Tigger House Foundation, a local nonprofit dedicated to reducing death from heroin and opiate addiction, attended the event to share stories, statistics and tips for the community.Christian Peter, a board member at the Tigger House Foundation and an NFL veteran of the New York Giants, Indianapolis Colts and Chicago Bears, described his own battle with drug and alcohol addiction, his road to recovery, and his efforts to help others follow a similar path through his work with Tigger House.“What we do is very simple,” Peter said. “We help kids – and people – who are struggling with addiction.”That addiction can start right at home with a bottle of leftover Vicodin or Percocet in the parent’s medicine cabinet, said Victor Almeida, D.O., chairman of Emergency Medicine at Monmouth Medical Center. Once the prescription bottles run out, he noted, kids might look to get cheaper drugs – like heroin – on the streets.“If you are opiate naïve, in a period of a few days you can become addicted,” Almeida said, noting that the potency of local heroin makes it especially dangerous. “The heroin that we have in New Jersey is some of the purest in the world.”A partnership between Monmouth Medical Center and Tigger House seeks to treat patients with addiction problems in the emergency room and move them into recovery programs with recovery specialists who have experienced addiction for themselves and are able to “walk the walk” and better relate to the struggle of addiction.“It helps if you can say ‘I know where you are. I’ve been there, too,’” Peter said.Eric Carney (left), COO of Monmouth Medical Center; Victor Almeida, D.O., chairman of emer- gency medicine at Monmouth Medical Center; Janet W. Tucci, mayor of West Long Branch; Serena DiMaso, Monmouth County Freeholder; and Christian Peter, board member of The Tigger House Foundation attended the Drug Education Initiative forum in Oceanport, which focused on opioid addiction and abuse.As drug and opioid-related deaths continue to rise across the country, in New Jersey, and in Monmouth County, parents were urged to talk frankly to their kids about drug addiction and take notice of any sudden changes in their social circles, sleep, grades or cleanliness.“This disease does not discriminate,” Peter said. “It’s out there in our communities affecting our children and we’ve got to do something about it.”This article was first published in the Aug. 17-24, 2017 print edition of The Two River Times.