Dismissed

Arun v. State of Kerala

Kerala HC1 Feb 2021Bail Appl./550/2021

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 Cr.P.C regarding accused storage of ganja and planting of cannabis, the Court held that the NDPS Act is a grave offence. Consequently, pre-arrest bail was not granted, and the applicant was directed to surrender within two weeks.

What did the court decide?

Anticipatory bail dismissed; applicant directed to surrender within two weeks to the investigating officer.

Arun 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 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

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Bail Appl..No.550 OF 2021

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CRIME NO.6/2020 OF Neyyattinkara Excise Range Office, Thiruvananthapuram

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PETITIONER/S:

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ARUN AGED 23 YEARS S/O.EDVIN RAJ, THOPPIL MELE PUTHENVEEDU, VADAKARA DESOM, PERUNKADAVILA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM 695121

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENT/S:

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

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R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA-PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.550 OF 2021

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ORDER

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Dated this the 1st day of February 2021

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This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

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The applicant is the sole accused in Crime No.6/2020 of Neyyattinkara Excise Range Office, Thiruvananthapuram, for having allegedly committed offences punishable under Sections 8(b), 20(a)(i)

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and 20(b)(ii)(A) of the Narcotic Drugs and

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Psychotropic Substances Act.

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The prosecution case, in brief, is that on getting reliable information that the applicant is storing ganja in his house, the Excise officials of Neyyattinkara Range conducted a search of the

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applicant on 13.12.2020 at about 10.25 a.m and seized 40 grams of dry ganja from his room. On further inspection, they also found a cannabis

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plant was planted in his house in a pot at the courtyard. Thus, the applicant committed the

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Bail Appl..No.550 OF 2021

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aforesaid offence. Crime was registered and the applicant apprehends arrest. He has therefore approached this Court for anticipatory bail stating that the recovery of 40 grams of dry ganja is a bailable offence and he did not have any knowledge about the cannabis plant in his house, about which he is totally innocent. Therefore he claims pre-arrest bail.

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

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Offence under the NDPS Act is very grave in

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nature and therefore an extraordinary remedy of an anticipatory bail cannot be granted in such a

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crime. The fact that the ganja plant was not planted by the applicant are all matters for evidence to be decided by the trial court during trial.

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Under the circumstances, I am not inclined to

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grant a pre-arrest bail to the applicant. The

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Bail Appl..No.550 OF 2021

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applicant is therefore directed to surrender before the investigating officer within two weeks. In the event of his arrest, he shall be produced before the jurisdictional court where he is at liberty to apply for a regular bail which shall be considered and disposed of on the same date.

Sd/-

ASHOK MENON

JUDGE

SPK

Arun v. State of Kerala

Case brief

What is this about?

What did the court decide?

Arun v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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