Dismissed

Harris Nassar v. State of Kerala

Kerala HC24 Mar 2021Bail Appl./1379/2021

Case brief

AI extract

What is this about?

Single judge order denying regular bail to an accused under the NDPS Act for alleged possession of hashish oil and ganja. The court dismissed the application citing criminal antecedents and failure to satisfy the stringent conditions under Section 37 of the Act.

What did the court decide?

Application for bail dismissed; direction to jurisdictional court to dispose of matter expeditiously.

Harris Nassar Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943 Bail Appl..No.1379 OF 2021

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CRIME NO.30/2020 OF THODUPUZHA EXCISE RANGE OFFICE , IDUKKI

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PETITIONER/ACCUSED:

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HARRIS NASSAR, AGED 25 YEARS, SON OF NASSER, EDANACKAL HOUSE, NEYYASSERI KARA, KARIMANNOOR VILLAGE, THODUPUZHA THALUK, IDUKKI DISTRICT PIN-685581

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BY ADVS. SHRI.K.NIRMALAN SRI.BIJU ANTONY THEKKANATH SRI.T.R.KRISHNADAS SRI.ANAND B. MENON SMT.ANNA LINDA V.J

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031 2 EXCISE INSPECTOR, EXCISE RANGE OFFICE, THODUPUZHA, PIN-683517

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R1 BY PUBLIC PROSECUTOR R1-2 BY ADDL.DIRECTOR GENERAL OF PROSECUTION

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OTHER PRESENT:

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SMT.K.K.SHEEBA -PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.1379 OF 2021

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ORDER

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Dated this the 24th day of March, 2021

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APPLICATION FOR REGULAR BAIL

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The applicant is the sole accused in Crime No.30
of 2020 of Thodupuzha Excise Range, Idukki, for having
allegedly committed offences punishable under Sections
20 (b) (ii) B, 20(b) (ii) (c) & 60 (3) of the Narcotic Drugs &
Psychotropic Substances Act, 1985 (for short the “NDPS
Act”). The prosecution case, in brief, is this:

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2.On 02.09.2020, the applicant was intercepted by
the Excise officials, while he was travelling in a Honda Jazz
Car bearing reg.No.KL-41-L-2444, while he was travelling
along the Kolani-Vengaloor Byepass road, near Vengaloor
Bridge. On inspection, the officers recovered 356 grams of
hashish oil and 51.500 Kgs of dried ganja. The applicant
was arrested and remanded to judicial custody and
continues in remand. The applicant states that he is
innocent and the allegations are not true. The car does not

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B.A.No.1379 OF 2021

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belong to him and he has been falsely implicated.

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3.Heard the learned counsel appearing for the
applicant and the learned Public Prosecutor. The learned
Public Prosecutor points out that the applicant has four
antecedents against him for having committed offences
punishable under the NDPS Act, in two of which, he has
pleaded guilty and has been convicted. The other two are
facing trial. The applicant states that all those NDPS cases
are for small quantities and this case has been deliberately
foisted against him. And, therefore, he seeks bail. The
learned Public Prosecutor submits that the investigation has
been completed and the final report has already been filed
and the trial is likely to commence briefly.

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4.Taking the entire facts and circumstances into
consideration, I find that the applicant is not entitled to bail
in view of the rigour under Section 37 of the NDPS Act,
because he is involved in other cases. He has criminal
antecedents. He was caught red-handed. There are no
reasonable grounds to believe that the applicant is not

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B.A.No.1379 OF 2021

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guilty. And, moreover, there is also reason to believe that
the applicant if on bail may get involved in offences of
similar nature. Hence, the twin conditions under Section 37
of the NDPS Act are not satisfied.

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The application for bail is therefore dismissed
with a direction to the jurisdictional court to dispose of the
matter as expeditiously as possible.

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 Sd/-
 ASHOK MENON
 JUDGE

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NR/24/03/2021

Harris Nassar v. State of Kerala

Case brief

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Harris Nassar v. State of Kerala

Case brief

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