Allowed

Shajahan Ali, v. State of Kerala

Kerala HC8 Dec 2021Bail Appl./5965/2021

Case brief

AI extract

What is this about?

In this bail application, the petitioner accused of possessing narcotics sought release. The court noted a discrepancy in the chemical report identifying the substance as heroin instead of MDMA. Ruling that commercial quantity was not established, the court disregarded the statutory embargo and granted bail subject to bonds and conditions.

What did the court decide?

Petitioner released on bail on executing a bond for Rs. 1,00,000/- with two solvent sureties, subject to specified conditions.

Shajahan Ali, 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 MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943

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BAIL APPL. NO. 5965 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CRMP 352/2021 OF SPECIAL COURT

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(ATROCITIES AGAINST SC/ST), MANJERI

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CRIME NO.4 OF 2021 OF KALIKAVU EXCISE RANGE, MALAPPURAM DISTRICT

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PETITIONER/ACCUSED :-

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SHAJAHAN ALI, AGED 36 YEARS S/O. MAINUDHIN, I NO. FAKALI, GERIJALPAM,GERJAL KAMPUR, NAGAON DISTRICT, STATE OF ASSAM, PN-682002.

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BY ADV P.SAMSUDIN

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RESPONDENT/COMPLAINANT :-

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-685031.

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BY SRI.NOUSHAD.K.A- SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 5965 OF 2021

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ORDER

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This case has been registered against this petitioner as Crime No.04 of 2021 of Kalikavu Excise Range, Malappuram District for the offences punishable under Sections 20(b)(ii)B and 22(c) of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’ Act). He has moved this application for his release on bail.

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The prosecution allegation is that he was found in possession of 12.650 grms of MDMA and 1.950 kgs of ganja at a place near the railway station in Vaniyambalam by the Excise Inspector and his team. Thereby, he has been booked for the aforesaid offences.

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The petitioner has been in custody since 31.01.2021.

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Heard the learned counsel for the petitioner as well the

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learned Public Prosecutor.

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The learned counsel for the petitioner has submitted that he has been falsely implicated in the case and he is undergoing unnecessary incarceration right from the date of his arrest.

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The learned Public Prosecutor has filed a copy of the report

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BAIL APPL. NO. 5965 OF 2021

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obtained from the Chemical Examiner’s Laboratory Department dated 25.08.2021, which shows that the contraband involved in this case was Diacetyl morphine (heroin). So it was not MDMA as per the report submitted by the Chemical Examiner, after examination of the contraband forwarded by the investigating agency. Therefore, the total quantity will be less than commercial quantity. It is further reported that this petitioner is having no criminal antecedents.

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From the report it is also seen that the copy of the report has already been forwarded to the Special Judge and the learned Public Prosecutor has reported that a report will be filed by the investigating agency before the Special Court to alter the Section.

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As the petitioner was not in possession of commercial quantity of narcotic drugs, the statutory embargo under Section 37 of the NDPS is not attracted in the matter of granting bail.

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Having regard to the facts and circumstances of the case as well the period of detention undergone by him in judicial custody, I am inclined to release him on bail subject to the following conditions :-

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(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent

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BAIL APPL. NO. 5965 OF 2021

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sureties for the like sum each to the satisfaction of the court having jurisdiction.

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(ii) The petitioner shall appear before the investigating office for interrogation as and when required by him, in writing.

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(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iv The petitioner shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the

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jurisdictional court is empowered to cancel the bail in accordance with

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the law.

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SHIRCY V.

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SMA

Shajahan Ali, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shajahan Ali, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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