The High Court permitted bail to the second accused in a narcotics case where evidence suggested the primary accused had physical possession. The court directed surrender for investigation prior to releasing on bail.
Petitioner directed to surrender within ten days; to be released on bail bond of Rs.40,000 with two sureties after investigation.
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 SUNIL THOMAS
WEDNESDAY,THE 05TH DAY OF DECEMBER 2018 / 14TH AGRAHAYANA, 1940
Bail Appl..No. 2738 of 2018
AGAINST THE ORDER IN CRL.MC 408/2018 OF SESSIONS COURT, KOLLAM DATED 22-03-2018
CRIME NO. 15/2018 OF EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD, KOLLAM
PETITIONER/2ND ACCUSED:
1 SHAFEELA, AGED 38 YEARS W/O NAVAS,RESIDING AT MUHAMMED ASLAM MANZIL, KOTTAMKARA VILLAGE, CHANDANATHOPE, KOLLAM TALUK,KOLLAM DT.
BY ADVS.
SRI.C.R.JAYAKUMAR SRI.NOBEL RAJU
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA-682031, REPRESENTING THE EXCISE INSPECTOR, EE & ANSS KOLLAM.
SR.PP CHANDRASENAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 2738 of 2018
2
O R D E R
The petitioner herein is the second accused in Crime No.15/2018 of Excise Enforcement & Anti Narcotic Special Squad, Kollam for offences punishable under sections 20(b) (ii) B & 29 of the NDPS Act.
3
Bail Appl..No. 2738 of 2018
indicates that a portion of Ganja was recovered from the scooter of the first accused. He himself opened the vehicle and handed over the packets containing Ganja. Thereafter, the house was opened by him and access provided to the search team. He led them to the kitchen from where the remaining contraband was recovered. Evidently, a portion of Ganja was recovered from the physical possession of the first accused. Natural corollary is that the remaining portion also belongs to him. The second accused, who is the land lady was not present at the time of search and seizure. In fact, the key of the house was with the first accused. In the above circumstance, whether the petitioner herein had the conscious possession of the Ganja and whether she was even aware of the dealing by the first accused is doubtful. Having regard to this, I am inclined to permit the petitioner herein to surrender before the investigating officer for the purpose of investigation, interrogation and for trial.
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Bail Appl..No. 2738 of 2018
follows:
(i) The petitioner shall surrender before the investigation officer within ten days from today. After interrogation, identification and recovery, if any, she shall be released on bail on executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.
(ii) She shall co-operate with the investigation.
(iii) She shall not get involved in any other
identical offences.
Bail application is disposed of as above.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
2 issues framed by the court
Whether bail can be granted to the second accused who was not present during the search and whose conscious possession of the contraband is doubtful.
Whether the petitioner can be released on bail after executing a security bond and surrendering for investigation.
1 provisions across 1 enactments
Shafeela
The State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
