Bail application dismissed. The High Court held that as the seized ganja was of commercial quantity, there were no grounds to believe the petitioner was not guilty, and bail under Section 37 of the NDPS Act was not granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
BAIL APPL. NO. 90 OF 2022
CRIME NO.47/2021 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, PALAKKAD
PETITIONER/6TH ACCUSED:
SALAM, AGED 47 YEARS SON OF MUHAMMEDALI, BANGLAMPARAMBIL HOUSE, THAIKATTUKARA P.O, ALUVA, ERNAKULAM, PIN 683 106
BY ADVS. R.ROHITH HARISHMA P. THAMPI
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM, PIN 682 031
BY ADV ADDL.DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
SRI. C.K. SURESH (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.90/2022
..2..
ORDER
This is an application for regular bail.
..3..
BA No.90/2022
from Aluva were also involved in the procurement of ganja and they have not been arrayed as accused in the case.
BA No.90/2022
..4..
Public Prosecutor, I find no reasonable ground to believe that the petitioner is not guilty of the offence alleged against him. Therefore, going by Section 37 of the NDPS Act, the petitioner is not entitled to be released on bail.
In the result, the bail application is dismissed.
Sd/-
GOPINATH P.
JUDGE
bka/02.02.2022
2 issues framed by the court
Whether the petitioner is entitled to bail under the NDPS Act given the commercial quantity of drugs involved.
Whether there is reasonable ground to believe the petitioner is not guilty of the offence charged.
1 provisions across 1 enactments
SALAM
STATE OF KERALA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
