The Kerala High Court dismissed a regular bail application for a narcotics accused possessing Methamphetamine Hydrochloride. The court refused bail citing the petitioner's long absconding period, criminal antecedents, and high risk of fleeing trial.
Bail application dismissed; Special Court directed to expedite trial within six months.
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 A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA,
1944
BAIL APPL. NO. 102 OF 2023
SC 1060/2022 OF ADDITIONAL DISTRICT AND SESSIONS COURT-
I, ERNAKULAM
CRIME NO.63/2017 OF EXCISE ENFORCEMENT AND ANTI-NARCOTIC
SPECIAL SQUAD, ERNAKULAM
PETITIONER/ACCUSED :
LUTHER BEN AGED 33 YEARS S/O. K M VARGHESE, THAIKKAL HOUSE, PANDIKUDY, KOCHI-2, PINCODE- 682002
BY ADV D.LEEMA ROSY
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY ASSISTANT EXCISE COMMISSIONER, ENFORCEMENT, ERNAKULAM THROUGH PUBLIC PROSECUTOR, THE HON'BLEHIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SRI.P G MANU, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
16.02.2023, THE COURT ON 24.02.2023 DELIVERED THE
FOLLOWING:
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A.BADHARUDEEN, J.
B.A.No.102 of 2023
-------------------------------------------------------Dated this the 24th day of February, 2023
O R D E R
This is an application for regular bail filed under
Section 439 of the Code of Criminal Procedure at the instance of the sole accused in Crime No.63 of 2017 of Excise Enforcement and Anti-Narcotic Special Squad, Ernakulam now pending as S.C.No.1060 of 2022 before the Special Court for the Narcotic Drugs and Psychotropic Substances Act(IInd Additional Sessions Court), Ernakulam.
B.A.No.102 of 2023
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forming part of the case diary produced by the learned Public Prosecutor.
B.A.No.102 of 2023
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B.A.No.102 of 2023
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172/2019 of ET South PS. Further, he has been detained in custody under KAAPA. It is pointed out further that, though the occurrence was on 01.08.2017, the petitioner absconded
for a period of five years and after tedious effort, the Investigating Officer nabbed him and detained him in custody. Therefore, if the petitioner will be released on bail, he would flee from trial.
B.A.No.102 of 2023
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person of such nature. Eventhough the rider under Section 37 of the NDPS Act would not attract in this case, the petitioner is not liable to be released on bail, since he had absconded for a period of more than five years and protracted the trial. If the petitioner will be released on bail, it is difficult to secure his presence for trial and he would definitely flee from trial. Therefore, this petition is found to be meritless and deserves dismissal.
In the result, this bail application fails and it is, accordingly, dismissed, directing the Special Court to expedite the trial, as early as possible, at any rate, within a period of six months from the date of production or receipt of a copy of this order.
Sd/- A.BADHARUDEEN, JUDGE
rkj
B.A.No.102 of 2023
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APPENDIX OF BAIL APPL. 102/2023
PETITIONER ANNEXURES
ANNEXURE1 CERTIFIED COPY OF ORDER IN CRIMINAL MP NO.3678/2022 IN SC NO.1060/2022 OF THE 1ST ADDITIONAL SESSIONS COURT, ERNAKULAM DATED 15.12.2022
2 issues framed by the court
Whether the petitioner is entitled to regular bail despite an intermediate quantity of narcotic drugs due to antecedents and absconding for five years.
Whether the petitioner can be secured for trial given his history of absconding and criminal antecedents.
5 provisions across 2 enactments
LUTHER BEN
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
