The Court dismissed an application for regular bail under Section 439 Cr.P.C. The applicant, alleged to have transported a commercial quantity of Ganja, was denied bail due to the statutory embargo under Section 37 of the NDPS Act.
Application for regular bail dismissed; direction to trial court to expedite matter.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
Bail Appl.No.292 OF 2021
CRIME NO.2714/2020 OF Town East Police Station , Thrissur
PETITIONER/S:
SHAMON, AGED 31 YEARS, K P VALLON ROAD, ERNAKULAM – 682020.
BY ADV. SRI.MANU ROY
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.
OTHER PRESENT:
SMT.V.SREEJA -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.292 OF 2021
2
O R D E R
Dated this the 21st day of January 2021
This is an application for regular bail under
Section 439 of Cr.P.C.
No.2714/2020 of Thrissur Town East Police Station for having allegedly committed the offences punishable under Sections 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act (for short “the NDPS Act”).
the 1st accused as the driver in a pick-up van bearing Reg.No.KL-46-S-1979 were tranvelling, they were
intercepted by the police. The van contained
watermelons and on further search, 20.500 kgs. of Ganja
was seen concealed in a plastic sack among the
watermelons. The accused were both arrested and remanded to judicial custody.
3
Bail Appl.No.292 OF 2021
is commercial and the embargo under Section 37 of the
NDPS Act is applicable, this Court is helpless and
cannot grant bail to the applicant in view of
innumerable decisions of the Apex Court, such as Union
of India v. Shri Shiv Shanker Kesari, 2007 KHC 5675,
State of Kerala v. Rajesh, 2020 (1) KHC 557 (SC) , etc.
direction to the trial court to expedite the matter in
Bail Appl.No.292 OF 2021
4
view of the fact that the applicant and the co-accused are in judicial custody and cannot be released on bail in view of the embargo under Section 37 of the NDPS Act.
Sd/-
ASHOK MENON
JUDGE
dkr
1 issue framed by the court
Whether bail under Section 439 of the Cr.P.C. can be granted to an accused involved in a commercial quantity offence under the NDPS Act.
Colour shows how this judgement treated each authority
Union of India v. Shri Shiv Shanker KesariReferred¶38
Union of India v. Shri Shiv Shanker Kesari, 2007 KHC 5675
State of Kerala v. RajeshReferred¶39
State of Kerala v. Rajesh, 2020 (1) KHC 557 (SC)
2 provisions across 2 enactments
Shamon
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
