Allowed

Ajmal.C.a v. State of Kerala

Kerala HC4 Feb 2022Bail Appl./262/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail applications filed by the 1st and 7th accused in a charge sheet case involving the transmission of narcotic drugs under the NDPS Act. The court held that while Section 37 did not apply due to intermediate quantity, strict bail conditions were imposed to prevent interference with investigation and ensure trial attendance.

What the court decided

AI extract

Ajmal.C.a Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2022)

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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 GOPINATH P.

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FRIDAY, THE 4^TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943

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BAIL APPL. NO. 507 OF 2022

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CRIME NO.929/2021 OF Cheranelloor Police Station, Ernakulam

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PETITIONER/ACCUSED No.1:

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SANOOP S/O NARAYANAN, AGED 25/21 YEARS, NOVOKODI HOUSE, CHENTHRAPINNI, KOTTOOR, THRISSUR-PIN – 680013.

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BY ADV ANITHA MATHAI MUTHIRENTHY

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682031.

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BY ADV. SRI. T.R. RENJITH, SR. P.P.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.02.2022, ALONG WITH Bail Appl..262/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. Nos.507 & 262/2022

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-2-

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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 GOPINATH P.

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FRIDAY, THE 4^TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943

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BAIL APPL. NO. 262 OF 2022

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CRIME NO.929/2021 OF Cheranelloor Police Station, Ernakulam

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PETITIONER/ACCUSED No.7:

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AJMAL.C.A

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AGED 24 YEARS, S-O. ABDHUL RASHEED, CHERUVATTATH HOUSE, KAIPPAMANGALAM POST, THRISSUR,PIN - 680681

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BY ADV V.S.MANSOOR

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RESPONDENT/STATE:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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BY ADV. SRI. T.R. RENJITH, SR. P.P.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.02.2022, ALONG WITH Bail Appl..507/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. Nos.507 & 262/2022

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-3-

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O R D E R

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[Bail Appl. Nos.507/2022 & 262/2022]

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The petitioners in these cases are accused Nos. 1 & 7 in Crime No.929/2021 of Cheranelloor Police Station, Ernakulam District alleging commission of offences under Sections 22 (b) & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act' for short). B.A. No.507/2022 is filed by the 1^st accused while B.A. No.262/2022 is filed by the 7^th accused.

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The allegation against the petitioners is in the following manner. Accused Nos.5 & 6 are alleged to have procured the drug from Himachal Pradesh. Thereafter the 1^st accused is alleged to have sent the drugs by courier to Cochin and also forwarded the tracking I.D to accused No.2. Accused No.2 in turn forwarded the same to accused No.3 and accused No.3 along with accused No.4 went to the parcel office and collected the same. The courier was addressed to the 7^th accused and therefore he was also arrayed as an accused in the matter.

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The learned counsel appearing for the petitioners in these cases would vehementally contend that the petitioners are absolutely innocent in the matter. It is submitted that as far as the 1^st petitioner is concerned he had forwarded courier tracking details to the 2^nd accused without knowing what was in the parcel. It is submitted that tin so far as the 7^th accused is concerned the only allegation is that the parcel was addressed to the 7^th accused. It is submitted that there is no recovery from either of the petitioners. It is submitted that this court had granted bail to the 4^th accused in the case through order dated 15-12-2021 in B.A. No.9412/2021. It is submitted that the drug in question is in intermediary quantity and the provisions

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B.A. Nos.507 & 262/2022 -4-

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of Section 37 are not attracted. It is submitted that the 1^st accused has been in custody from 14-12-2021 and the 7^th petitioner has been in custody from 19-12-2021. It is submitted that the continued detention of the petitioners is not required for the purposes of any investigation.

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The learned Public Prosecutor vehementally opposes the grant of bail. It is submitted that the fact that Section 37 of the NDPS Act does not apply is no reason to hold that the petitioners are entitled to be released on bail. Though the drug in question is an intermediate quantity, the allegations against the petitioners are serious. It is submitted that the investigation conducted thus far shows the active role of the petitioners in the procurement and transmission of drugs from Himachal Pradesh to Kerala. It is submitted that the grant of bail may not be conducive as there is every chance of the offence being repeated.

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Having regard to the facts and circumstances of the case and considering the fact that the continued detention of the petitioners is not necessary for the purposes of any investigation and consideration the fact that provisions of Section 37 are not attracted, I am of the view that the petitioners can be granted bail subject to strict conditions.

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In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

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(i) The petitioners shall execute separate bonds for sums of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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B.A. Nos.507 & 262/2022

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-5-

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(ii) The Petitioners shall report before the Investigating officer in Crime No.929/2021 of Cheranelloor Police Station on every Saturday at 11 a.m until further orders;

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(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.929/2021 of Cheranelloor Police Station;

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(iv) The petitioners shall surrender their passports before the jurisdictional Court. If the petitioners do not have passports, they shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

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(v) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in

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Crime No.929/2021 of Cheranelloor Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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AMG

Ajmal.C.a v. State of Kerala

Case brief

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Ajmal.C.a v. State of Kerala

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