Dismissed

Athul a v. State of Kerala

Kerala HC26 Feb 2021Bail Appl./1714/2021

Case brief

AI extract

What is this about?

The court dismissed a bail application for a 5th accused in an NDPS case, holding that the impugned allegations squarely fell under Sections 25 and 27 of the NDPS Act. Consequently, the statutory embargo under Section 37(1)(b)(ii) applied, barring bail due to lack of evidence for non-involvement in similar offenses.

What did the court decide?

Application for bail dismissed with direction to expedite trial.

Athul a 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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FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

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Bail Appl..No.1714 OF 2021

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CRIME NO.645/2020 OF KADUTHURUTHY POLICE STATION, KOTTAYAM

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PETITIONER/S:

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ATHUL A AGED 25 YEARS KRISHNAVILASAM HOUSE,MADATHIL KARANAMA KARA,OCHIRA,KOLLAM 690526

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BY ADV. SRI.MANSOOR.B.H.

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SMT.V.SREEJA -PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.1714 OF 2021 2

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O R D E R

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Dated this the 26th day of February 2021 Application for regular bail under Section 439 of Cr.P.C.

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The applicant is the 5th accused in SC No.105/2020 pending trial on the files of the Special Court for NDPS Act cases, Thodupuzha for having allegedly committed offences punishable under Sections 20(b) (ii) C, 25 and 29 of the NDPS Act.

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The prosecution case, in brief, is that on 17.06.2020 at about 5 p.m., the police party allegedly intercepted a lorry bearing registration No.KL 05 AM 4788 while the lorry was engaged in transporting 59.5 kgs of ganja. Accused Nos.1 and 2 who were involved in transporting of ganja were immediately arrested and remanded to judicial custody. On the basis of the their statements and on the materials allegedly collected by the prosecution, the applicant was implicated as the 5th accused and it is alleged that he was the person who financed. There is evidence to the effect that he has transferred Rs.50,000/- to A1 and through his friend's account he transferred another

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Bail Appl..No.1714 OF 2021 3

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Rs.50,000/- to A1. Moreover, there are call detail records, which indicate that he has been constantly contacting A1 over the phone and giving instructions for the transporting of the contraband articles. Whether those materials are valid and reliable is a matter to be considered by the trial court. Hence the learned Public Prosecutor vehemently opposes the application for bail.

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Heard the learned counsel for the applicant and the learned Public Prosecutor.

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The learned counsel appearing for the applicant submits that the applicant has no criminal antecedents. He is only 25 years old and the allegations against him for having financed the transportation of the contraband articles is absolutely untrue and therefore he seeks bail. The final report has already been filed.

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After having heard the submissions made on both sides, I find that the activities alleged against the applicant would squarely come within the purview of Sections 25 and 27 of the NDPS Act and therefore, the embargo under Section 37 (1) (b) (ii) of the NDPS Act is squarely applicable to the case in hand. The applicant is therefore not entitled to bail because the twine conditions required under Section 37 of NDPS Act are not

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Bail Appl..No.1714 OF 2021 4

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satisfied. There are no reasonable grounds to believe that the applicant is not guilty and there is also no grounds to believe that he will not be involved in offences of similar nature. Hence

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the application is dismissed with a direction to the trial court to

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expedite trial in this case.

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Sd/- ASHOK MENON

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JUDGE

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rmm

Athul a v. State of Kerala

Case brief

What is this about?

What did the court decide?

Athul a v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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