The Kerala High Court dismissed a bail application in an NDPS case where the petitioner was charged with transporting commercial quantities of narcotic drugs. The court held that the embargo under Section 37 applied squarely.
Application for regular bail dismissed; petitioner remains in 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
WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942
Bail Appl..No.1028 OF 2021
CRIME NO.24/2020 OF EXCISE RANGE OFFICE , PARAPPANANGADI MALAPPURAM DISTRICT, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii)C AND 32B(c) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT
PETITIONER/ACCUSED:
MUHAMMED MARJAHAN K M, AGED 26 YEARS, S/O KADEEJA, HOUSE NO. 2-191, NANIYAT VALLIKKUNNU NORTH P.O, MALAPPURAM DISTRICT PIN-673314
BY ADV. SRI.P.T.SHEEJISH
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031
OTHER PRESENT:
SMT.V.SREEJA - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1028 OF 2021
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ORDER
Dated this the 10th day of March, 2021
APPLICATION FOR REGULAR BAIL
The applicant is the sole accused in Crime No.24 of 2020 of Excise Range Office, Parappanangadi, for having allegedly committed offences punishable under Sections 20(b)(ii)C and 32B(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the “NDPS Act”). The prosecution case, in brief, is this:
B.A.No.1028 OF 2021
3
submitted that the mother of the applicant is a chronic kidney patient and is suffering from kidney disease and is undergoing hemodialysis which requires Rs.25,000/- per month towards her treatment and the applicant is the only person looking after her and in case, he is incarcerated, her treatment would come to an naught. And, therefore he seeks indulgence of this Court in granting bail to the applicant.
The applicant in this crime was caught red handed with commercial quantities of Hashish oil and other narcotic drugs also. The embargo under Section 37 of the NDPS Act squarely applies to this case. There are no grounds to hold that the applicant is not guilty. And, therefore, the application is only to be dismissed and I do so.
Sd/-
NR/10/03/2021
1 issue framed by the court
Whether bail should be granted in a case involving commercial quantity of narcotic drugs under Section 37 of the NDPS Act.
2 provisions across 1 enactments
MUHAMMED MARJAHAN K M
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
