Bail application dismissed in NDPS case. Court noted possession of commercial quantity of MDMA and ongoing investigation as grounds for denial under Section 37 embargo, rejecting lack of antecedents.
Application for bail dismissed. Accused remains in judicial custody.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 12TH DAY OF JULY 2021 / 21ST ASHADHA, 1943 BAIL APPL. NO. 3389 OF 2021
CRIME NO. 78/2021 OF VENGARA POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
1 IRSHAD AGED 31 YEARS S/O. MAMMAD KALLAN HOUSE, AREEKULAM, VENGARA, THIRURANGADI TALUK MALAPPURAM DISTRICT
2 MOHAMMED UBAIS AGED 29 YEARS S/O. SAIDALAVI, THACHARUPADIKKAL HOUSE, KILINAKKODE VENGARA, THIRURANGADI TALUK, MALAPPURAM DISTRICT.
BY ADV M.S.SAJEEV KUMAR
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN – 682031
BY SRI. SANTHOSH PETER, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl.No.3389 OF 2021 2
ORDER
The accused in Crime No. 78/2021 have moved this Court under Section 439 of the Code of Criminal Procedure, seeking their release on bail. They were arrested on 16.03.2021, along with 33 gms of MDMA and since then are in judicial custody.
submitted that the investigation is in progress.
The bail application is dismissed. Sd/-
K.HARIPAL
JUDGE
DCS/13.07.2021
2 issues framed by the court
Whether bail can be granted to accused charged under the NDPS Act in possession of commercial quantity of narcotic drugs pending investigation.
Whether the embargo under Section 37 of the NDPS Acts works against the accused in the matter of granting bail.
3 provisions across 2 enactments
IRSHAD AGED 31 YEARS S/O. MAMMAD KALLAN
MOHAMMED UBAIS AGED 29 YEARS S/O. SAIDALAVI
STATE OF KERALA
K HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
