High Court disposed of bail application of 2nd accused in NDPS case. Noting probable entitlement to statutory bail pending final report submission, court directed petitioner to approach jurisdictional court for statutory bail and disposed of application.
Directed petitioner to approach jurisdictional court for statutory bail; bail application disposed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 15TH DAY OF JULY 2020 / 24TH ASHADHA, 1942
Bail Appl..No.2223 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 556/2020 DATED 13-03-2020 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
CRIME NO.46/2020 OF THRIKKAKARA POLICE STATION , ERNAKULAM
PETITIONER/ACCUSED NO.2:
MIDHUN, AGED 24 YEARS, S/O.RADHAKRISHNAN, PADIVILAKANDI HOUSE, NEAR AKG CLUB, PUNCHIRIMUKU, IRUVELI.P.O, KANNUR DISTRICT
BY ADV. SRI.K.S.DHANESH KUMAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. THROUGH SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION-682031
OTHER PRESENT:
SRI.AMJAD ALI – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.2223 OF 2020
2
ORDER
Dated this the 15th day of July, 2020
The petitioner is the 2nd accused in Crime No.46
of 2020 of Thrikkakara Police Station, for having allegedly
committed offences punishable under Section 20(b)(ii)B of
the Narcotic Drugs and Psychotropic Substances Act, 1985
(for short the “NDPS Act”). The prosecution case in brief is
that the petitioner along with the 1st accused, were found to
be in possession of 2190 grams of dry Ganja, on 30.01.2020
at about 5.25 PM, in contravention of the aforesaid
provisions, they were arrested and remanded to judicial
custody. The petitioner applied for bail before the Sessions
Court, Ernakulam, and vide order dated 13.03.2020 in
Crl.M.C.No.556 of 2020, the application was dismissed. He
then approached this Court for bail.
2.It is now submitted by the learned Public
Prosecutor that the final report will be filed in a short while.
But, as the petitioner was arrested on 30.01.2020, it
B.A.No.2223 OF 2020
3
appears that he would entitled for statutory bail and
therefore, he may approach the jurisdictional court for a
statutory bail, if so, advised.
With these observations, the bail application is
disposed of.
Sd/-
ASHOK MENON
JUDGE
NR/15/07/20
2 issues framed by the court
Whether the petitioner is entitled to statutory bail under Section 37(5) NDPS Act given the final report is under submission.
Whether to dispose of the bail application by directing the petitioner to seek statutory bail from the jurisdictional court.
1 provisions across 1 enactments
MIDHUN
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court