Allowed

Muhammad Sadiq v. State of Kerala

Kerala HC14 Dec 2017Bail Appl./8532/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail to Muhammad Sadiq, accused under the NDPS Act for possessing LSD, noting investigation was practically over. Bail was granted subject to conditions reporting to authority, leaving jurisdiction limits, no witness contact, and security deposit.

What did the court decide?

Petitioner released on bail with bond for Rs.1,00,000/- each for two sureties, security deposit of Rs.20,000/-, and conditions to report weekly, stay in Tirur Taluk, and no contact with witnesses.

Muhammad Sadiq Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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THURSDAY, THE 14TH DAY OF DECEMBER 2017/23RD AGRAHAYANA, 1939

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Bail Appl..No. 8532 of 2017 ()

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CRIME NO.27/2017 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SQUAD OF TIRUR POLICE STATION, MALAPPURAM DISTRICT.

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PETITIONER/ACCUSED:

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MUHAMMAD SADIQ, AGED 22 YEARS, S/O.HUSSAIN, RESIDING AT VARIKKODAN HOUSE, KATTIPPARUTHY VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676552.

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BY ADV. SMT.C.A.RAMEENA

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RESPONDENT/STATE/COMPLAINANT:

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STATE OF KERALA, REPRESENTED SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031, REPRESENTED BY INVESTIGATING OFFICER, IN CRIME NO.27/2017 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SQUAD, MALAPPURAM.

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BY PUBLIC PROSECUTOR SRI.B.JAYASURYA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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P.UBAID, J.

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============================

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B.A.No.8532 of 2017

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============================ Dated this the 14^th day of December, 2017

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ORDER

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The petitioner herein is the sole accused in Crime

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No.27/2017 of Excise Enforcement & Anti Narcotic Special Squad, Malappuram registered under Section 22(c) of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 (NDPS Act). He seeks regular bail under Section 439 of the Code of Criminal Procedure. This is the petitioner's third application for bail under Section 439 Cr.P.C. His first application was dismissed by this Court on 15.09.2017, and the second application was dismissed on 09.11.2017. The petitioner has been in judicial custody since 20.07.2017.

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The prosecution case is that on 20.07.2017 at about 10.25 p.m. At Kattipparuthi within the limits of the Tirur Police Station the petitioner was found possessing 310 ml of Lysergic Acid Diethylamide (LSD). He was arrested on the spot, and the psychotropic substance was seized by the police a per a mahazar.

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This application is opposed by the State on the

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B.A.No. 8532 of 2017 2

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ground that investigation including enquiry as regards the owner of the vehicle to detect his complicity in the alleged incident, will be adversely affected if the petitioner is released on bail. The report of the Excise Inspector does not show that the petitioner is involved in any other case of similar nature. On a perusal of the materials, I find that investigation is practically over in this case, and I find no necessity of continued detention of the petitioner. Any possibility of his interfering in the investigating process can be averted by imposing appropriate conditions.

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In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for Rs.1,00,000/- (Rupees One lakh only) each to the satisfaction of the court below having jurisdiction. Bail is granted on condition that;

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a. The petitioner shall report before the Excise Inspector, Malappuram between 10.00 a.m. and 11 a.m. on all Wednesdays for a period of three months.

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b. The petitioner shall not enter the jurisdictional limits of the Tirur Revenue Taluk for three months.

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c. The petitioner shall not in any manner influence or intimidate the witnesses and he shall not have any

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B.A.No. 8532 of 2017 3

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contact with the material witnesses directly or over telephone or otherwise.

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d. The petitioner shall make a security

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deposit of Rs.20,000/- (Rupees Twenty Thousand only) in the court below as a further condition for bail. The amount of security deposit will be released on conclusion of trial. It will be subject to forfeiture in case of absence during trial without sufficient reason.

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e. The petitioner shall not involve in any offence punishable under the NDPS Act till trial of the case is over.

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Forward a copy of this order to the Excise Inspector, Malappuram, who will report compliance of the conditions directly to the court below having jurisdiction.

Sd/-

P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Muhammad Sadiq v. State of Kerala

Case brief

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Muhammad Sadiq v. State of Kerala

Case brief

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