High Court of Kerala dismissed regular bail application in narcotics case, holding that Section 37(1)(b) of NDPS Act imposes embargo. Court noted discrepancies in FIR and investigation but held such issues examinable only at trial.
Bail application dismissed; applicant continues in judicial custody.
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 ASHOK MENON
TUESDAY, THE 04TH DAY OF AUGUST 2020 / 13TH SRAVANA, 1942
Bail Appl..No.4019 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 264/2020 OF ADDITIONAL DISTRICT & SESSIONS COURT, VADAKARA
CRIME NO.107/2020 OF KODENCHERY POLICE STATION , KOZHIKODE
PETITIONER/ACCUSED:
NISHANTH C, AGED 25 YEARS, S/O. CHANDRAN, 19/90B-HOUSE NO.15/272, MARTHOMA NAGAR, GUDALLUR, NILAGIRI DISTRICT, TAMIL NADU. 643212
BY ADV. SRI.VISHNUPRASAD NAIR
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. (CRIME NO. 107/2020 OF KODENCHERY POLICE STATION, KOZHIKODE DISTRICT) 682031
OTHER PRESENT:
SRI.AMJAD ALI – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.4019 OF 2020
2
ORDER
Dated this the 04th day of August, 2020
Application for regular bail under Section 439 Cr.P.C.
The applicant is the sole accused in Crime No.107 of 2020 of
Kodenchery Police Station, Kozhikode, for having allegedly committed
offence punishable under Sections 20 (b)(ii)(B) and 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short the
“NDPS Act”).
be in possession 2045 grams of ganja and 25 grams of MDMA and
hence, the crime was registered and the seizure was made, and he
was produced before the jurisdictional court and remanded to the
judicial custody.
B.A.No.4019 OF 2020
3
a made believe story at least at this point of time, because no particular reason has been stated as to why the Police authorities should register a false case against the applicant who hails from Tamilnadu, against whom, the police in Kerala have no particular reason to proceed against. Regarding compliance of Sections 42 and 50 of the NDPS Act, the applicant can take those defences at the time of trial.
B.A.No.4019 OF 2020
the NDPS Act, the applicant is not entitled to get bail, as it is opposed by the Prosecutor and there are no reasonable grounds to believe that he is not guilty of committing the offence. The story put forth by the applicant regarding his being brought from Bangalore is hard to believe as there is no reason why the Police should involve in such an adventure of getting a scapegoat from Bangalore, if they just had to get someone to be implicated as accused, it could very well have been someone in Kerala. The fact that he is not involved in any case, is also not a mitigating circumstance to grant him bail.
was made only at 16.44 hours, which belies the case of the
B.A.No.4019 OF 2020
5
prosecution, at the very threshold.
discrepancy that appears in the registration of the crime, and has also
the liability to prove the compliance of Sections 42 and 50 of the NDPS Act. But, those can only be considered at the time of trial, and this is not the stage where those defaults of investigation can be gone into in detail. In view of the embargo under Section 37, I am not in a
position to entertain the application for bail put forth by the applicant.
The bail application is therefore, dismissed.
Sd/-
ASHOK MENON JUDGE
NR/04/08/20
2 issues framed by the court
Whether the applicant is entitled to regular bail in narcotics case under Section 439 Cr.P.C. given the specific embargo under Section 37(1)(b) of the NDPS Act.
Whether discrepancies in crime registration and non-compliance with process requirements under NDPS Act permit grant of bail at the bail stage.
4 provisions across 2 enactments
NISHANTH C
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
