Dismissed

Abhin,T.S v. State of Kerala

Kerala HC11 Jul 2023Bail Appl./1164/2023

Case brief

AI extract

What is this about?

In a bail application, the High Court of Kerala dismissed the plea of the second accused in an NDPS case involving possession of commercial quantity of MDMA. Rejecting the argument of the accused's youth, the Court held that Section 37 of the NDPS Act applies and no material existed to satisfy its conditions for bail.

What did the court decide?

Bail application dismissed; petitioner remains in judicial detention.

Abhin,T.S Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

¶4

TUESDAY, THE 11^TH DAY OF JULY 2023 / 20TH ASHADHA, 1945 BAIL APPL. NO. 1164 OF 2023

¶5

CRIME NO.1540/2022 OF ERNAKULAM TOWN NORTH POLICE STATION

¶6

PETITIONER/ACCUSED NO.2:

¶7

ABHIN,T.S AGED 18 YEARS S/O SASI, THANDADIYIL HOUSE, VELLAKKAYAM, MARIYAPURAM P.O THANKAMANI VILLAGE, IDUKKI, PIN - 685602 BY ADV BINU PAUL

¶8

RESPONDENTS/STATE & COMPLAINANT:

¶9

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, KOCHI, PIN - 682031

¶10

2 INSPECTOR ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT, PIN – 682031 SMT. SREEJA V., SR P.P.

¶11

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.1164/2023

: 2 :

ORDER

Dated this the 11^th day of July, 2023

¶16

The petitioner is the 2^nd accused in crime No.1540/2022 of Ernakulam Town North Police Station, which was registered for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

¶17

The prosecution case is that, on 17.12.2022 at 7.20 p.m., when the Police conducted a search in a building at Elamkulam, the accused persons, three in number, were found in possession of 120 gms of MDMA. The crime was registered accordingly and the arrest of the petitioner was recorded on the same day. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

¶18

Heard Sri. Binu Paul, the learned counsel appearing for the petitioner and Smt. Sreeja V., the learned Senior Public Prosecutor for the State.

¶19

The learned counsel for the petitioner submits that the petitioner is in custody since 17.12.2022 and considering the fact

¶20

B.A.No.1164/2023

¶21

: 3 :

¶22

that the petitioner is a person aged just 18 years, he may be granted bail. But I am not inclined to accept the said prayer. This is particularly because the quantity involved in this case comes under the category of commercial quantity. The contraband article was recovered from the possession of the petitioner and the other accused. Since the quantity being commercial quantity the rigour of Section 37 of the NDPS Act would come into force.

¶23

When going through the materials placed before me, I am unable to find any material to arrive at the satisfaction of the twin conditions contemplated under Section 37 of the NDPS Act. In such circumstances, I am not inclined to grant bail to the petitioner even though final report in this case has been submitted.

¶24

Accordingly, this application is dismissed.

¶25

Sd/ZIYAD RAHMAN A.A. JUDGE

¶26

ncd

Abhin,T.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abhin,T.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Xavier Kennedy @ Joy Vs State of Kerala

Arun S Vs State of Kerala Represented by the Public Prosecutor High Court of Kerala

Sarath Reveendran Vs State of Kerala

Sreemesh C. Vs State of Kerala

R. Hariprasad Vs State of Kerala

Sakkir Hussain, Vs State of Kerala