Court dismissed bail applications of two accused, Melbin and Rajesh, arrayed as accused nos. 2 and 3 in an NDPS case involving 1.800 kgs of hashish. The court found prosecution materials sufficient and rejected claims of false implication.
Bail applications of petitioners dismissed; they remain in custody.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
Bail Appl..No. 644 of 2019
AGAINST THE ORDER IN CRMP 2669/2018 of ADDITIONAL SESSIONS COURT 1, THIRUVANANTHAPURAM DATED 03-01-2019
CRIME NO. 19/2018 OF EXCISE CIRCLE OFFICE, THIRUVANANTHAPURAM
PETITIONER/2ND ACCUSED:
MELBIN AGED 43 YEARS S/O. GEORGE, MOOLEPARAMBIL VEEDU, PERINJAAM KUTTY DESOM, KONNATHADY VILLAGE, UDUMBUMCHOLA, IDUKKI DISTRICT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENTS/COMPLAINANTS & STATE:
1 THE EXCISE CIRCLE INSPECTOR EXCISE CIRCLE OFFICE, THIRUVANANTHAPURAM 695 001.
2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031
PUBLIC PROSECUTOR SRI.S.SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.02.2019, ALONG WITH Bail Appl..48/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos. 644 & 48 of 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY,THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
Bail Appl..No. 48 of 2019
AGAINST THE ORDER IN CRMP 2499/2018 of I ADDITIONAL SESSIONS COURT, THIRUVANANTHAPURAM
CRIME NO. 19/2018 OF EXCISE CIRCLE OFFICE, THIRUVANANTHAPURAM
PETITIONER/3RD ACCUSED:
RAJESH AGED 43 YEARS S/O.THANKAPPAN, CHERUKUZHIYIL HOUSE, ADIMALY, MOUNDAKANDAM VILLAGE, DEVIKULAM, IDUKKI DISTRICT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENTS/COMPLAINANTS & STATE:
1 THE EXCISE CIRCLE INSPECTOR EXCISE CIRCLE OFFICE, THIRUVANANTHAPURAM 695 001.
2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031.
PP S SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.02.2019, ALONG WITH Bail Appl..644/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos. 644 & 48 of 2019
3
O R D E R
Petitioners stand arrayed as accused Nos.2 & 3 in Crime No.19/2018 of Excise Circle Office, Thiruvananthapuram for offences punishable under Sections 20(b)(ii)(c) and 29 of Narcotic Drugs & Psychotropic Substances Act. The allegation of the prosecution is that on 25.10.2018 at 5.45 p.m., accused were found in possession of 1.800 kgs of hashish. Accused were arrested and are in custody since then. They seek bail.
2. According to the learned counsel for the petitioners, 2nd accused got implicated in an NDPS case. There was a compliant by the 2nd accused that he was wrongly implicated in an NDPS case and the Excise officials have demanded
money. Complaint was given by him to the Vigilance authorities, pursuant to which crime
was registered against the officials of the Excise Department. Annexures A1 to A3 are the materials in relation to it. It is submitted
Bail Appl..Nos. 644 & 48 of 2019
4
that due to enmity arising from that, petitioner has been falsely implicated in the NDPS case along with the 3rd accused.
3. It seems that there are some materials to indicate the apprehension of the petitioners, the interception, search and seizure. Materials produced by the petitioner does not appear to be prima facie sufficient to displace the available materials of the prosecution.
Having considered these facts and the quantum of the contraband involved, I am not inclined to grant bail to the petitioners. Bail applications fail and are dismissed.
Sd/-
SUNIL THOMAS, JUDGE
Pn 13/02
2 issues framed by the court
Whether bail should be granted to accused charged under NDPS Act for possession of hashish.
Whether the apprehension of the petitioners outweighs the quantum of contraband involved.
1 provisions across 1 enactments
MELBIN
RAJESH
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
