Single judge of Kerala HC dismissed bail under Section 439 CrPC in a commercial quantity narcotics case. The court found reasonable grounds to believe the accused was guilty and likely to commit further offences, rejecting reliance on an earlier case's remand report.
Bail application dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931
Bail Appl..No. 373 of 2010()
---------------------------CRMP.830/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.652/2009 OF NADAKKAVU POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED
SURESH KUMAR K.C., S/O. CHANDRAN, PUTHENPURACKAL VEEDU, CHITRAPURAM P.O., IDUKKI.
BY ADV. SRI.S.RAJEEV
RESPONDENT(S): STATE
-------------------STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.652 OF 2009 OF NADAKKAVU POLICE STATION).
BY PUBLIC PROSECUTOR SRI.V.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.NO. 373 OF 2010
Dated this the 3rd day of March, 2010
O R D E R
This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.652/2009 of Nadakkavu Police Station, Kozhikode.
@ Achayan was taken into custody in Crime No.651/2009 of Nadakkavu Police Station for the offence under Section 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act for having been found in possession of intermediate quantity of ganja. It is
B.A.NO. 373 OF 2010
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stated that Viju Thomas made a confession statement, in which he stated that he along with the petitioner (Suresh Kumar K.C.) came from Rajakkad in a Santro Car bearing registration No.KL 01 U 8594 to Calicut. 40 Kgs of ganja was being taken by them in the car. After reaching Kozhikode, Viju Thomas @ Baby @ Achayan took 14 Kgs of ganja from out of the total quantity of 40 Kgs. Viju Thomas @ Baby @ Achayan was arrested while he was found in possession of part of said quantity of 14 Kgs of ganja. Viju Thomas stated that Suresh Kumar K.C. would come near East Hill Central School. The police party made surveillance near the East hill Central School. While making surveillance, they found the Santro Car with the registration number mentioned by Viju Thomas. The car was intercepted. They found the petitioner, who satisfied the identification features mentioned by Viju Thomas. The police found 26 Kgs of ganja in the car. The petitioner was arrested.
B.A.NO. 373 OF 2010
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Court, under the pretext that he was arrested from Kozhikode. It is submitted that there is no material to connect the petitioner with the offence.
B.A.NO. 373 OF 2010
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B.A.NO. 373 OF 2010
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B.A.NO. 373 OF 2010
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not inclined to accept the contention of the learned counsel for the petitioner.
For the aforesaid reasons, the Bail Application is dismissed.
( K.T. SANKARAN) Judge
scm/csl
2 issues framed by the court
Whether reasonable grounds exist for believing the accused is not guilty of an offence involving commercial quantity of narcotic drugs.
Whether there are reasonable grounds for believing the accused will not commit similar offences while on bail under Section 37(1)(b)(ii) of the NDPS Act.
3 provisions across 2 enactments
SURESH KUMAR K.C.
STATE
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
