The Kerala High Court refused regular bail to a second accused in an NDPS case involving the transport of commercial quantity of ganja. Citing embargo under Section 37, the Court held
Bail application closed; direction to Special Judge to try and dispose of the case at earliest.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
BAIL APPL. NO. 7450 OF 2021
[AGAINST THE ORDER IN CRMP 696/2021 OF I ADDITIONAL DISTRICT COURT, TRIVANDRUM, CRIME NO.447/2021 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM]
PETITIONER/1ST ACCUSED:
ANOOP M.O. AGED 29 YEARS S/O MOHANAN, THANNIBILA PUTHEN VEEDU, KALATHUVILA, PERUMPAZHATHOOR P.O.NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT BY ADVS. RAVI KRISHNAN K.VINAYA JIJI S M.M.BABY(K/000493/1995)
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2 THE STATION HOUSE OFFICER NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 020.
OTHER PRESENT:
SR.PP - SMT. SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.7450 OF 2021
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O R D E R
Second accused in Crime No.447/2021 of Nemom Police
Station has moved this Court seeking regular bail. The crime was registered on 28.3.2021 after seizing 23.45 kgs of ganja from the car bearing Regn.No.KL-19-B-7200 from Pravachambalam. It is alleged that on that day while the petitioner and the first accused were moving in the said car, the Police intercepted them and found them transporting so much quantity of narcotic drug-ganja and after seizing the same along with an amount of Rs.34,200/-, the crime was registered alleging offences under Sections 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short 'NDPS Act'). This is the second application for bail moved before this Court by the petitioner/second accused.
B.A.No.7450 OF 2021
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charge sheet has already been laid on 20.09.2021. Considering the seriousness of the allegations raised against the petitioner, since commercial quantity of ganja was found being transported by the petitioner and another, embargo under Section 37 of the NDPS Act is clearly attracted and this is not a fit case for releasing the petitioner on bail. In fact, all the contentions raised by the petitioner were considered by this Court while rejecting the earlier application, B.A.No.4882/2021 and it is not necessary to reiterate the findings on those contentions.
in judicial custody, it is only in the fitness of things to direct the learned Special Judge to try and dispose of the case at the earliest.
With this observation, the Bail Application is closed.
sd/-
K.HARIPAL, Judge
MBS/
2 issues framed by the court
Whether the petitioner is eligible for regular bail given the commercial quantity of narcotics seized and embargo under the NDPS Act.
Whether this is a fit case for releasing the petitioner on bail.
2 provisions across 1 enactments
Anoop M.O.
State of Kerala
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
