The High Court at Ernakulam dismissed a regular bail application filed by an accused alleged to have committed offences under Sections 20 and 29 of the NDPS Act due to commercial quantity of contraband and insufficient grounds to doubt guilt.
Bail application stood dismissed; petitioner not entitled to release on bail.
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 MR. JUSTICE GOPINATH P.
MONDAY, THE 7TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943
BAIL APPL. NO. 647 OF 2022
NDPS CRIME NO.37 OF 2021 OF CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, PALAKKAD DISTRICT
PETITIONER/ACCUSED:
RAJESH AGED 24 YEARS S/O.RAVI, RESIDING AT THAIPPUREDATH HOUSE, NELLIKKAMAL DESOM, RANNI VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT – 689 674.
BY ADVS. SASI M.R. SILPA N.P DHARMYA M.S KAVYA KRISHNAN
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031.
(NDPS CRIME NO.37/2021, CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, PALAKKAD)
BY SRI. T.R. RENJITH (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 647 OF 2022
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ORDER
This is an application for regular bail.
3
BAIL APPL. NO. 647 OF 2022
whatsoever with the contraband seized from the luggage compartment of the bus. It is submitted that the petitioner had no occasion to run away from the bus as alleged by the prosecution. It is submitted that the petitioner has been in custody for 326 days and his continued detention is not necessary for the purpose of any investigation.
BAIL APPL. NO. 647 OF 2022
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found to be genuine.
Therefore, this bail application will stand dismissed.
Sd/- GOPINATH P. JUDGE
DK
3 issues framed by the court
Whether the petitioner is entitled to regular bail under the Narcotic Drugs and Psychotropic Substances Act given the commercial quantity of contraband and lack of reasonable grounds to believe in inn
Whether the presence of the petitioner's Aadhar card recovered from a bag containing ganja establishes sufficient connection to the offence.
Whether the genuineness of the bus driver's explanation affects the petitioner's entitlement to bail.
3 provisions across 1 enactments
RAJESH
STATE OF KERALA
GOPINATH P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
