The High Court of Kerala, Ernakulam, dismissed the bail application of Sipahi Kumar, a 2nd accused in an NDPS case involving possession of hashish oil. The bench held that relief under Section 439 CrPC was circumscribed by Section 37 of the NDPS Act.
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 RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942
Bail Appl..No.5979 OF 2020
CRIME NO.33/2018 OF THRISSUR EXCISE RANGE OFFICE, THRISSUR
PETITIONER(S):
SIPAHI KUMAR, AGED 38 YEARS, S/O MANGANISAH, MOTIHARI TALUK, CHANDARAHIYA VILLAGE, JEEVADHRADESOM, EAST CHAMPARAH DISTRICT, BIHAR STATE,845429.
BY ADV. SRI.C.DHEERAJ RAJAN
RESPONDENT(S) :
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031.
SRI K.P HARISH SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.5979 OF 2020 2
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure.
the jurisdiction of the court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. This Court had held that there are no substantial probable causes for believing that the accused
Bail Appl..No.5979 OF 2020
3
is not guilty of the offence charged. This Court had also opined that it would not be possible to conclude that the petitioner is not likely to commit any offence while on bail. The fact that the petitioner is a resident of East Chambra District in the State of Bihar and the apprehension of the prosecution that it would be difficult to secure the presence of the petitioner if he is released on bail was also taken note of. While dismissing the application, this Court had obtained a report from the Court of Session and had passed orders to expedite the trial.
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witnesses have been examined.
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petitioner has made out a case for enlargement of bail. This application
will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 CrPC considering the strict provisions of Section 37 of the NDPS Act.
Whether personal hardships such as family illness and COVID-19 restrictions warrant granting bail for a narcotic trafficking offender.
3 provisions across 2 enactments
SIPAHI KUMAR
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
