Dismissed

Akshay N.J v. State of Kerala

Kerala HC8 Feb 2021Bail Appl./250/2021

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed regular bail applications for five accused charged with possession of commercial quantities of narcotic drugs. Relying on Supreme Court decisions, the Court held that Section 37(1)(b)(ii) of the NDPS Act prohibits bail when the quantity involved is commercial.

What did the court decide?

Bail applications B.A.No.7996 of 2020 and B.A.No.250 of 2021 were dismissed.

Akshay N.J 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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MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

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Bail Appl..No.7996 OF 2020

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NDPS CRIME NO.20/2020 OF EXCISE RANGE OFFICE, KUTHIATHODU, ALAPPUZHA DISTRICT WITHIN THE JURISDICTIONAL LIMITS OF DISTRICT AND SESSIONS COURT, ALAPPUZHA

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PETITIONERS 1 TO 4/ ACCUSED 1, 3 TO 5:

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1 VIPIN VINOD, AGED 20 YEARS, S/O VINOD, MANEZHATHU HOUSE, KANNANGATTU TEMPLE ROAD, EDAKOCHI VILLAGE, KOCHI TALUK, EDAKOCHI.P.O, ERNAKULAM. PIN-682010

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2 ABHISHEK.T.R, AGED 18 YEARS, S/O RATHEESH, THIRUTHALIL HOUSE, AROOR PROJECT COLONY, AROOR VILLAGE, CHERTHALA TALUK, AROOR.P.O, ALAPPUZHA. PIN-688534

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3 ABHINAV.T.S, AGED 19 YEARS, S/O SAJEEVAN, THIRUTHALIL HOUSE, AROOR PROJECT COLONY, AROOR VILLAGE, CHERTHALA TALUK, AROOR.P.O, ALAPPUZHA. 688534

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4 ASHWIN.V.A, AGED 19 YEARS, S/O AJESHKUMAR,

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B.A.Nos.7996 of 2020 & 250 of 2021

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ULLADAVELI HOUSE, POOJAPPURA DESOM, AROOR VILLAGE, CHERTHALA TALUK, AROOR.P.O, ALAPPUZHA. PIN-688534

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BY ADV. SHRI.P.A.MARTIN ROY

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, THROUGH EXCISE INSPECTOR, EXCISE RANGE OFFICE, KUTHIATHODU ALAPPUZHA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-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 08.02.2021, ALONG WITH Bail Appl..250/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.7996 of 2020 & 250 of 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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MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

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Bail Appl..No.250 OF 2021

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CRIME NO.20/2020 OF KUTHIYATHODE EXCISE RANGE OFFICE , ALAPPUZHA

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PETITIONER/ACCUSED:

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AKSHAY N.J, AGED 19 YEARS, NJAREKATTU HOUSE, EDAKOCHI P.O, KOCHI, ERNAKULAM PIN-682010

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BY ADV. SHRI.K.S.SREERAJ

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031

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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 08.02.2021, ALONG WITH Bail Appl..7996/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.7996 of 2020 & 250 of 2021

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COMMON ORDER

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Dated this the 08th day of February, 2021

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APPLICATIONS FOR REGULAR BAIL

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The applicants in B.A.No.7996 of 2020 are accused

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Nos. 1 and 3 to 5, while the applicant in B.A.No.250 of 2021 is the 2^nd accused in Crime No.20 of 2020 of Excise Range Office, Kuthiyathode, Alappuzha, for having allegedly committed offences punishable under Sections 22(b), 22(c), 20(b) ii (A), 29 & 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the “NDPS Act”). The prosecution case, in brief, is this:

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The applicants were found to be in possession of 14 grams of ganja, 2.98 grams of Hashish oil, 170mg of LSD Stamp, 630 mg of MDMA, on 20.10.2020, near a waiting shed at Keltron Ferry in Aroor at about 9.10 PM, by the Excise party, in contravention of the aforesaid act. Hence,

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B.A.Nos.7996 of 2020 & 250 of 2021

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the crime was registered. The applicants were all arrested on the same day and remanded to judicial custody. They continue in remand. The applicants have approached the sessions court for regular bail. But, the same was dismissed vide order dated 20.11.2020 by the learned Sessions Judge, stating that the embargo under Section 37 (1) b (ii) of the NDPS Act, prohibits granting of bail to the applicants, since the quantity involved is commercial.

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The learned Sessions Judge has also relied on the decisions in Superintendent, Narcotic Central Bureau, Chennai v. R Paul Samy 2001 Cri.L.J. 117 (SC) and Union Of India v. Shiv Shankar Kesari (2007) 7 SCC 798 , stating that there are no reasonable grounds to believe that the applicants are not guilty and there is no possibility of their repeatedly committing the said offence. The twin conditions are therefore, not satisfied. And, hence, the application for bail was dismissed.

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B.A.Nos.7996 of 2020 & 250 of 2021

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Even in the recent decision, the Honourable Supreme Court, has stated that the twin conditions required under Section 37 of the NDPS Act are mandatory and hence, bail cannot be granted to accused in offences involving in commercial quantity of narcotic drugs, State of Kerala etc.

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v. Rajesh etc. 2020 (1) KHC 557 (SC) .

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Hence, the applications are only to be dismissed

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and I do so.

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ASHOK MENON JUDGE

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NR/08/02/2021

Akshay N.J v. State of Kerala

Case brief

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Akshay N.J v. State of Kerala

Case brief

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