Allowed

Munaver, v. the State of Kerala

Kerala HC7 Dec 2021Bail Appl./6716/2021

Case brief

AI extract

What is this about?

High Court of Kerala granted bail to the first accused in an NDPS case involving possession of methamphetamine less than commercial quantity, applying Section 22(b) and finding Section 37 rigour inapplicable.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 50,000 with two solvent sureties for like sums, subject to specific conditions including appearance before IO and not tampering with evidence.

Munaver, Vs the State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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BAIL APPL. NO. 6716 OF 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. TUESDAY, THE 7^TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943 BAIL APPL. NO. 6716 OF 2021

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CRIME NO.25/2021 OF Mananthavady Excise Range Office, Wayanad

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PETITIONER/ACCUSED NO.1:

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MUNAVER, AGED 21 YEARS S/O. JUNAID, VAYALIL HOUSE, CHEEKILODE BHAGAM, NANMANDA VILLAGE, KOYILANDI TALUK, KOZHIKODE 673 305.

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BY ADV K.B.ARUNKUMAR

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RESPONDENTS/STATE

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1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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2 THE EXCISE INSPECTOR, EXCISE RANGE, MANANTHAVADY, WAYANAD DISTRICT 670 645. BY ADVS. ADDL.DIRECTOR GENERAL OF PROSECUTION SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR SHRI.C.K SURESH, SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 6716 OF 2021

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ORDER

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Application for regular bail.

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The petitioner is the 1^st accused in Crime No.25 of 2021 of

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Excise Range, Mananthavady registered for the offences punishable under Section 22(c) read with Section 29 of Narcotic Drugs Psychotropic Substances Act ('NDPS Act' for short).

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The prosecution allegation is that on 08.07.2021 at about 6.40 a.m he along with the other accused was found in possession of 30.7 gm of MDMA, a psychotropic substance, concealed inside

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the dashboard of the car bearing Reg.No.KL-76-3681, in contravention of the provisions of the NDPS Act and thus the case has been registered and he was booked for the same.

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The petitioner is in custody since 08.07.2021.

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At the time of hearing, chemical examination report was obtained and it was called for perusal. On examination the contraband is identified as 'methamphetamine' and the quantity involved is also found as less than commercial quantity. So the offence is under Section 22(b) of the NDPS Act. Therefore, the rigor under Section.37 of the NDPS Act is not attracted in the matter of bail. The learned Public Prosecutor has also no case that he is having any criminal antecedents.

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BAIL APPL. NO. 6716 OF 2021

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6. Taking into consideration of the entire facts involved in

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this case, I find that this petitioner can be released on bail subject to the following conditions :

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(i) The petitioner shall be released on bail on each of them executing bond each for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One surety of each petitioners shall be a close relative.

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(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

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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

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conditions, the learned Sessions Judge is empowered to

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cancel the bail in accordance with the law.

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Sd/-

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SHIRCY V JUDGE

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smm

Munaver, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Munaver, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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