Court dismissed bail application for the first accused in a drug case. Despite the quantity carried by the individual being lower than 20Kg, joint possession of 37.850Kg Ganja established common intention under the NDPS Act, making the offence grave enough to deny bail.
Bail application was dismissed; the petitioner remains in custody.
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 N.K.BALAKRISHNAN
THURSDAY, THE 2ND DAY OF AUGUST 2012/11TH SRAVANA 1934
Bail Appl..No. 5489 of 2012 () -----------------------------CRIME NO.677/2012 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT
PETITIONER/ACCUSED NO.1:
RAJENDRAN, AGED 47 YEARS S/O.SUKUMARAN, RAHUL NIVAS, PERUMPUZHA KOLLAM DISTRICT. BY ADVS.SRI.PRATHEESH.P SMT.BINDU GEORGE
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KOLLAM EAST POLICE STATION THROUH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.JASMINE V H
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-082012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RKC
N.K.BALAKRISHNAN, J.
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Dated this the 02nd day of August, 2012
O R D E R
The petitioner is the first accused in Crime No.677/2012 of Kollam East Police Station. Though, the section of offence shown is 20(b)(ii)(B) of NDPS Act, the correct section should be 20(b)(ii)(C) of the NDPS Act. The petitioner has been in custody from 14.04.2012.
B.A.No.5489/2012
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and if that be so, the petitioner is entitled to be released on bail.
B.A.No.5489/2012
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Considering the gravity of the offence, I am not inclined to grant bail to the petitioner. Hence it is dismissed.
Sd/- N.K.BALAKRISHNAN, JUDGE.
ds
//True copy//
P.A. to Judge
3 issues framed by the court
Whether bail should be granted to the first accused in a narcotics charge involving a large quantity of drugs.
Whether the accused can claim adherence to a lower quantity limit for bail eligibility despite joint possession and common intention.
Whether the gravity of the offence under Sections 36A and 37(1)(b) of the NDPS Act militates against granting bail.
3 provisions across 1 enactments
RAJENDRAN
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
