In this bail application, the High Court of Kerala dismissed the plea of the petitioner, the second accused in an NDPS case involving MDMA, arguing that the evidence prima facie established a case against her under Section 37 of the Act.
Bail application dismissed.
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.
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
BAIL APPL. NO. 8519 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 896/2021 OF SPECIAL COURT
(ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/2nd ACCUSED:
RAJEENA.K AGED 38 YEARS D/O.ABDURAHIMAN KUTTY, THAYAKATH HOUSE, KARUVANTHIRUTHY AMSOM, FEROKE VILLAGE, KOZHIKODE DISTRICT.
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 31.
BY ADV ADDL.DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
SRI C.K. SURESH (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.8519/2021
-2-
O R D E R
The petitioner is the 2nd accused in NDPS Crime No.32/2021 of Parappanangadi Excise Range Office, Malappuram District. On 16-08-2021 the 1st accused was found in possession of 3.38 grams of MDMA while transporting the same in an autorickshaw bearing Registration No.KL-11/BK 7498 and based on the information given by the 1st accused a further quantity of 22.85 grams of MDMA was seized from the flat of the 2nd accused.
B.A. No.8519/2021
-3-
MDMA is a synthetic drug and the provisions of Section 37 of the NDPS Act mandate that bail can be granted only if the court comes to a conclusion that prima facie, no case established against the petitioner.
In the facts and circumstances of the case and after hearing the learned counsel for the petitioner and the learned Public Prosecutor, I do not think that this is case where I can make a finding even prima facie that the petitioner may be innocent in the matter. Therefore, in terms of the mandate of Section 37, this bail application can only be dismissed. It is accordingly dismissed.
Sd/- GOPINATH P. JUDGE
AMG
2 issues framed by the court
Whether the High Court can grant bail to the petitioner under Section 37 of the NDPS Act when a prima facie case is established.
Whether the seizure of MDMA from the petitioner's possession was illegal or violated the procedural mandates of the NDPS Act justifying bail.
1 provisions across 1 enactments
RAJEENA.K
STATE OF KERALA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
