Dismissed

Sudhir K. v. State of Kerala

Kerala HC6 Dec 2021Bail Appl./7213/2021

Case brief

AI extract

What is this about?

Petitioner, 2nd accused in an NDPS case involving 124.65kgs of ganja, sought anticipatory bail under CrPC 438 after Special Court dismissed his bail. Court held quantity warrants Section 37 bar and dismissed application, directing surrender within a week.

What did the court decide?

Application dismissed; petitioner directed to surrender before Investigating Officer within a week from the date of the order.

Sudhir K. 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 P.G. AJITHKUMAR

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MONDAY, THE 6^TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943

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BAIL APPL. NO. 7213 OF 2021

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AGAINST THE ORDER IN CRL.M.P.NO.389/2021 OF THE COURT OF THE SPECIAL JUDGE (NDPS ACT CASES), VADAKARA.

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CRIME NO.1088/2021 OF PANTHEERANKAVU POLICE STATION, KOZHIKODE DISTRICT.

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PETITIONER/2ND ACCUSED:

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SUDHIR K., AGED 45 YEARS, S/O.KUMARAN, KOERI HOUSE, MUNDUPARAMBU P.O., MALAPPURAM DISTRICT.

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BY ADV K.P.SUDHEER

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. 2 STATION HOUSE OFFICER, PANTHEERANKAVU POLICE STATION, PANTHEERANKAVU, MALAPPURAM DISTRICT, PIN-673 019. SMT SEENA C., PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 7213 OF 2021

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ORDER

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This is an application filed under Section 438 of the Code of Criminal Procedure, 1973. The petitioner is arrayed as the 2^nd accused in Crime No.1088 of 2020 of Pantheerankavu Police Station.

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The crime was registered with allegation that, on 03.11.2020, when a lorry bearing registration No. KL-57/P-1193 was searched on the basis of some information received, the Circle Inspector of Excise, Pantheerankavu found 124.65 Kgs of Ganga concealed in the vehicle. The 1^st accused was the driver of the lorry. He was arrested and the crime alleging offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 was registered.

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After investigation, the Circle Inspector of Police, Pantheerankavu Police Station submitted the final report before the Special Court for Trial of offences under the NDPS Act. The Special Judge took cognizance of the offence against the accused No.1 alone and directed the investigating agency

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BAIL APPL. NO. 7213 OF 2021

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to conduct further investigation in relation to the involvement of accused Nos.2 and 3. The learned Special Judge observed that the materials on record were not sufficient to proceed against accused Nos.2 and 3 at present. As directed by the Special Judge, further investigation is going on.

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The learned counsel appearing for the petitioner would submit that, in the light of the observation of the learned Special Judge that there were no enough materials to proceed against the petitioner for an offence under Section 20((b)(ii)(C) of the NDPS act, the petitioner is entitled to get bail and the bar under Section 37 of the NDPS Act, would not apply in this case.

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The learned Public Prosecutor placed on record the report of the Station House Officer, Pantheerankavu Police Station opposing grant of bail. It is pointed out in paragraph 4 of the report that the materials so far collected would clearly indicate the involvement of the petitioner in the commission of offence. The learned Public Prosecutor would also submit that more materials could not be collected since the

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BAIL APPL. NO. 7213 OF 2021

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petitioner absconded and remain at large with a view to obstruct the process of law.

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An application under Section 438 of the Cr.P.C. for bail was filed by the petitioner before the learned Special Judge as Crl.M.P.No.389 of 2021. The learned Special Judge, after hearing both sides, dismissed that application as per the order dated 17.08.2021. The learned Special Judge, who had opportunity of considering the entire materials relating to the investigation namely, final report, statements of witnesses, documents of seizure, etc., found that the custodial interrogation of the petitioner is necessary for a proper investigation in the matter.

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The quantity of contraband namely, Ganja involved in the case is 124.65 Kgs. The Ganja was allegedly brought to the State of Kerala from Odisha. Considering the quantity of the narcotic drug involved and considering the parameters for grant of bail under Section 37 of the NDPS Act, I am of the view that this is not a case where the discretion of this Court can be exercised to grant anticipatory bail to the

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BAIL APPL. NO. 7213 OF 2021

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petitioner.

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In the above circumstances, this application is liable only to be dismissed and I do so. The petitioner is directed to surrender before the Investigating Officer, within a week from today. The Investigating Officer, after necessary investigation, will produce the accused before the Special Court who will decide whether or not the petitioner has to be granted bail in accordance with law.

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Sd/- P.G. AJITHKUMAR JUDGE

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bpr

Sudhir K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sudhir K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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