The Kerala High Court granted bail to the first accused in an NDPS case, ruling that statutory bail is mandatory after the expiry of 180 days because the time for investigation had ended. The earlier extension order had been quashed by the Court.
Petitioner released on bail on conditions including bond of Rs. 1,00,000 with sureties and surrender of passport.
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 K.HARIPAL FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943 BAIL APPL. NO. 2982 OF 2021
IN CRIME NO.26/2020 OF E.E & A.N.S.S., MALAPPURAM PETITIONER/ACCUSED:
JABIR. P.P AGED 26 YEARS PALATTU PARAMBIL HOUSE, CHERUPULASSERI POST, PALAKKAD DISTRICT PALAKKAD, PIN - 679503 BY ADVS. K.M.FIROZ SMT.M.SHAJNA SRI.P.C.MUHAMMED NOUSHIQ SRI.E.C.AHAMED FAZIL
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR
PP - SMT. SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.2982 OF 2021
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ORDER
The petitioner is the first accused in NDPS Crime No.26/2020 of Excise Enforcement and Anti Narcotic Special Squad, Malappuram, which was registered alleging offence punishable under Section 20(b)(ii)(c) read with 29(1) of the NDPS Act. The petitioner was arrested for the case on 03.10.2020 and since then he is in judicial custody.
after the expiry of 180 days the charge sheet is not laid. On the eve of completion of 180 days, the Investigating Officer had moved a request with an endorsement by the Public Prosecutor for extension of time. That prayer was allowed by the Special Court. Accused Nos. 2 to 4 challenged that order granting extension of time before this Court and by order dated 14.07.2021 in Crl.M.C.Nos. 2712/2021 and 2901/2021, the said order dated 31.03.2021 of the Special Judge, NDPS Act cases, Manjeri was quashed by this Court. The learned counsel further
B.A.NO.2982 OF 2021
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submits that on the date of expiry of 180 days, his application for bail was pending. In this connection, he has relied on the decision in Ravindran M v. Intelligence Officer, Directorate of Revenue Intelligence [2020 (6) KLT 127]. This Court had found that, on the date of expiry of 180 days, there was no valid application for extension of the period of investigation. As a necessary corollary, the petitioner is also entitled to get statutory bail and therefore, he shall be released on bail on the following
conditions:-
B.A.NO.2982 OF 2021
4
Sd/- K.HARIPAL JUDGE
Jms/23.07
//True Copy// P.A to Judge
2 issues framed by the court
Whether the petitioner is entitled to statutory bail upon the expiry of the 180-day investigation period without an application to extend time.
Whether the court below could grant a new extension of the investigation period after the earlier extension has been quashed.
Colour shows how this judgement treated each authority
Ravindran M v. Intelligence Officer, Directorate of Revenue IntelligenceRelied on¶16
Ravindran M v. Intelligence Officer, Directorate of Revenue Intelligence [2020 (6) KLT 127]
2 provisions across 1 enactments
Jabir. P.P
State of Kerala
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
