Dismissed

Ramshad v.M., v. State of Kerala

Kerala HC8 Jul 2019Bail Appl./4301/2019

Case brief

AI extract

What is this about?

Bail application of a petitioner accused under Section 22(c) NDPS Act for possessing commercial quantity of psychotropic substances. This was the third application after two previous dismissals. The trial court reported the case could be disposed within six months. The High Court found no special circumstances or change in circumstances warranting bail.

What did the court decide?

Third bail application dismissed as no special circumstances exist; trial report of six-month duration recorded.

Ramshad v.M., Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2019)

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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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MONDAY, THE 08TH DAY OF JULY 2019 / 17TH ASHADHA, 1941

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Bail Appl..No.4301 of 2019

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CRIME NO.854/2018 OF Ernakulam North Police Station , Ernakulam

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PETITIONER/ACCUSED:

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RAMSHAD V.M., AGED 25 YEARS S/O.MUSTHAQ, VALIYAKATHU HOUSE, MUTHUVALLOOR P.O., MANATHALA VILLAGE, OONGAL, GURUVAYOOR, TRICHUR DISTRICT.

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BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE SHO, ET NORTH POLICE STATION, ERNAKULAM DISTRICT-682031 THROUGH THE PUBLIC PROSECUTOR.

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SRI SANTHOSH PETER-SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4301 of 2019

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ORDER

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The petitioner herein is the sole accused in

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Crime No.854/2018 of the Ernakulam Town North

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Police Station, registered under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act.

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The prosecution case is that at about 5.10 pm

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1.6.2018, he was found possessing commercial quantity of psychotropic substance for illegal

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purposes. He was arrested by the Police, and the contraband article was seized as per a mahazar. This is the petitioner's third application for regular bail. His first application was dismissed on 10.9.2018 and the second application was dismissed on 25.1.2019. This Court disallowed bail to him on valid grounds, on a consideration of the

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various aspects including the quantity of the drug

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involved, and also the possibility of the petitioner committing similar offences, if he is released on bail. The third application has come through another lawyer. A report was called for

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Bail Appl..No.4301 of 2019

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from the trial court whether the case can be

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disposed of, within a short time. It is now pending before the Court of Session, Ernakulam as SC 1035/2018 and is being tried by the learned First Additional Sessions Judge. The learned Additional Sessions Judge has reported that the trial of sessions cases involving custody accused have already been scheduled for trial till 30.8.2019, and as regards this case, the learned Judge First Additional Sessions Judge has reported

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that the case could be disposed of within six months.

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On hearing both sides, and on a perusal of

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the materials, I find no special circumstance, or change in circumstances, for a different opinion or

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stand as regards bail. On two occasions, this

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Court disallowed bail on valid grounds, and for a

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rethinking on a third occasion, I find no material. I find the possibility of the petitioner committing similar offences, if he is now released.

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So the third petition is also being dismissed,

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Bail Appl..No.4301 of 2019

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however, recording the report of the learned trial Judge that the case could be disposed of, within six months.

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ma /True copy/ P.S to Judge

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Sd/P.UBAID JUDGE

Ramshad v.M., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ramshad v.M., v. State of Kerala

Case brief

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What did the court decide?

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