The High Court of Kerala dismissed the bail application of the first accused in an NDPS case involving 64.7 kgs of dried ganja. The court held that no reasonable ground existed to believe the petitioner was not guilty or unlikely to commit further offences.
Bail application dismissed; dismissal not a bar to default bail under Section 36A(4) of NDPS Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931
Bail Appl..No. 637 of 2010() ---------------------------CRMP.239/2009 of SPL. COURT (NDPS ACT CASES), THODUPUZHA O.R. NO.12/2009 OF NARCOTIC ENFORCEMENT SQUAD, ADIMALY
PETITIONER/ACCUSED NO.1:
------------------------------------------MELBIN THOMAS, S/O.GEORGE, MOOLEPARAMBIL HOUSE, THINKALKADU KARA, KONNATHADY VILLAGE, UDUMBANCHOLA TALUK.
BY ADV. SRI.SUNNY MATHEW
RESPONDENT/COMPLAINANT:
----------------------------------------------STATE OF KERALA THROUGH THE CIRCLE INSPECTOR OF EXCISE, N.E.S. ADIMALY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SRI. TEKCHAND, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K. T. SANKARAN, J.
B.A. No. 637 of 2010
Dated this the 2nd 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 first accused in O.R. No.12/2009 of Narcotic Enforcement Squad, Adimaly.
B.A. No. 637/2010
2
B.A. No. 637/2010
3
not filed, in spite of the fact that the petitioner was arrested on 22/9/2009. The counsel submitted that the dismissal of this Bail Application should not stand in the way of the petitioner applying for default bail, in case the investigating officer does not file the final report within 180 days as provided under the proviso to Section 36A (4) of the Act and if no application is filed for extension of the period as provided under the proviso.
It is made clear that the dismissal of this Bail Application would not be a bar to the exercise of the statutory right of the petitioner under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act read with proviso to Section 167(2) of the Code of Criminal Procedure.
K.T. SANKARAN, JUDGE
scm
2 issues framed by the court
Whether bail is maintainable under Section 439 of CrPC in a case where the Public Prosecutor opposes it, given the involvement of accused under Section 20(b)(ii)(C) of NDPS Act.
Whether statutory right to default bail under Section 36A(4) of NDPS Act read with Section 167(2) CrPC is barred by dismissal of regular bail application.
3 provisions across 2 enactments
MELBIN THOMAS
STATE OF KERALA THROUGH THE CIRCLE INSPECTOR OF EXCISE, N.E.S. ADIMALY
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
