The High Court of Kerala rejected a bail application in an NDPS case involving commercial quantity of ganja. Citing strict provisions and delayed trial justification, the court directed the Special Judge to dispose of the trial case within six months.
Bail application dismissed; Special Judge directed to dispose of trial within six months.
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 MRS. JUSTICE SHIRCY V.
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
BAIL APPL. NO. 6769 OF 2021
CRIME NO.2/2021 OF Tirur Excise Range Office, Malappuram
PETITIONER/ACCUSED:
IBRAHIM, AGED 30 YEARS S/O.ABDURAHIMAN, KALLANVEETTIL HOUSE, KARUKATHANI, KALPAKANCHERI, TIRUR, MALAPPURAM DISTRICT.
BY ADV R.RANJITH (MANJERI)
RESPONDENTS/STATE & COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2 THE EXCISE RANGE INSPECTOR, TIRUR EXCISE RANGE OFFICE, MALAPPURAM DISTRICT, PIN-676 303.
SR. PP MANU P G
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.6769/2021
2
ORDER
Dated this the 1st day of October, 2021
Petitioner is the 2nd accused in Crime No. 2 of 2021 of
Excise Range Office, Tirur registered for the offences punishable under Sections 20(b)(ii)(c) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act.
his Indica car bearing Registration No. KL 55 G 2077 by the Excise officials, and kept for sale in contravention of the provisions of the NDPS Act and thus he was apprehended.
18.01.2021.
B.A.6769/2021
3
submitted that he has been falsely implicated, could not submit anything more on merits to show that he is entitled to be released on bail. In view of the decision in State of
Kerala v. Rajesh (2020 91) KHC 557) granting of bail in a case where commercial quantity of contraband is involved is circumscribed by the provisions of Section 37(1)(b)(ii) of the NDPS Act. Since commercial quantity of contraband is involved, I could not find any ground so as to grant bail to him. Therefore, as per order dated 09.09.2021, I have called for a report from the learned Special Judge dealing with this case regarding the time required for disposal of the case. As per the report dated 15.09.2021, the learned Judge has submitted that just six months time is required for the disposal of the case now pending before the court as S.C. No. 694 of 2021.
B.A.6769/2021
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18.01.2021 and he is undergoing incarceration since the
date of his arrest. But the Court of the Special Judge is a heavy court and priority has to be given to old cases. So, I find justification in the report submitted by the learned Special Judge that six months time is required for the disposal of the case.
Accepting the said report, this Bail Application is disposed of directing the learned Special Judge to dispose of S.C. No. 694 of 2021 at the earliest, at any rate, within a
period of six months from today.
Sd/-
SHIRCY V.
JUDGE
sb
2 issues framed by the court
Whether bail should be granted to the accused in a case involving commercial quantity of contraband under the NDPS Act.
Whether the time required for disposal of the trial court proceedings justifies granting bail or necessitates disposal within a specific timeframe.
Colour shows how this judgement treated each authority
State of Kerala v. RajeshReferred¶4
State of Kerala v. Rajesh (2020 91) KHC 557
2 provisions across 1 enactments
IBRAHIM
THE STATE OF KERALA
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
