Mujeeb v. State
Case brief
What is this about?
The Kerala High Court granted bail to an autorickshaw driver accused of possessing ganja under the NDPS Act. The Court noted the lack of documentary evidence linking the vehicle to the drugs and accepted the petitioner's version that a passenger owned the contraband.
What did the court decide?
Petitioner released on bail on bond of Rs. 25,000 with two sureties of like amount.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932
Bail Appl..No. 2654 of 2010() CRIME No.245/2010 of Balussery Police Station, Kozhikode District
PETITIONER/ACCUSED :-
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MUJEEB, S/O.UMMER, AGED 26 YEARS, DRIVER, CHELPPALA HOUSE, ADIVARAM.P.O, KOZHIKODE DISTRICT.
BY ADV. MR.P.M.HABEEB
RESPONDENT/COMPLAINANT :-
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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (STATION HOUSE OFFICER, BALUSSERRY POLICE STATION, KOZHIKODE DISTRICT).
Issues for consideration
2 issues framed by the court
Whether the petitioner accused of possessing ganja should be granted bail under section 439 of Cr.P.C. given that specific evidence linking him to the contraband is weak.
Whether the lack of seizure memo for the autorickshaw and the absence of mention of the vehicle in the CCTV recording negate the petitioner's connection to the drugs.
Parties & counsel
- petitioner
MUJEEB
- respondent
STATE OF KERALA
Coram
P.Q. BARKATH ALI
Case details
As recorded by the court registry
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