Dismissed

Gokul Raj v. State of Kerala

Kerala HC28 Oct 2021Bail Appl./7864/2021

Case brief

AI extract

What is this about?

The High Court rejected a bail application under the NDPS Act for a third accused involved in a narcotic drug case beyond commercial quantity. The court observed that mini trials are not feasible for verification of co-accused statements but directed the Sessions Court to frame charges within one month and dispose of the case within five months, considering the accused’s detention period.

What the court decided

AI extract

Gokul Raj 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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THURSDAY, THE 28^TH DAY OF OCTOBER 2021 / 6TH KARTHIKA, 1943

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BAIL APPL. NO. 7864 OF 2021

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AGAINST THE ORDER/JUDGMENT IN SC 82/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, THIRUVANANTHAPURAM

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CRIME NO.05 OF 2020 OF ATTINGAL EXCISE CIRCLE OFFICE,

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THIRUVANANTHAPURAM

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PETITIONER/3RD ACCUSED :-

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GOKUL RAJ AGED 26 YEARS S/O.RAJAN, CHITHIRA HOUSE, NEAR GIRLS' HIGH SCHOOL, ATTINGAL, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT

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BY ADV NIREESH MATHEW

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RESPONDENT/COMPLAINANT :-

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STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031

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SMT.SREEJA.V- SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 7864 OF 2021

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ORDER

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Application for regular bail.

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The petitioner is the third accused in

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Crime No.05 of 2020 of Attingal Excise Circle

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Office, Thiruvananthapuram. The case is now pending as S.C.NO.82 of 2021 before the Additional Sessions Court-IV, Thiruvananthapuram.

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The petitioner has been in custody since

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22.08.2021.

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Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

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The contraband involved in this case is more than the commercial quantity. This court while

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considering the bail application of the fourth

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accused had already observed that mini trial of the

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case is not possible to verify whether the investigating agency had booked him in the case only

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on the basis of the statement of the co-accused. It

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was also found that the fourth accused was not

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entitled to get bail because of the provisions of

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BAIL APPL. NO. 7864 OF 2021

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Section 37 of the NDPS Act.

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Now it is to be noted that, I have called for a report from the learned Sessions judge regarding the time required for disposal of this case. By a report dated 23.10.2021, the learned

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judge has reported that time limit has been fixed in certain other cases and so eight months time is required to dispose of the case, after framing charge.

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charge will be framed in this case, this petitioner and the co-accused are in custody since 22.08.2021.

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Definitely the court is expected to give priority to

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the cases in which accused are in custody, considering the period of detention undergone by

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them. Therefore, the time sought for appears to be

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on the higher side. Even though, the court has

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scheduled another case for examination and there are

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13 cases in which the accused are in custody, the learned Sessions judge shall take all endeavor to frame charge in this case within a month from today

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BAIL APPL. NO. 7864 OF 2021

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and schedule the matter at the earliest and dispose of the same within a period of five months from the date of framing charge.

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With these observations, this bail

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application is closed.

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Sd/-

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SHIRCY V. JUDGE

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SMA

Gokul Raj v. State of Kerala

Case brief

What is this about?

What the court decided

Gokul Raj v. State of Kerala

Case brief

What is this about?

What the court decided

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