In an application for regular bail filed under Section 439 CrPC for offences under the NDPS Act involving 61 grams of MDMA, the Court dismissed the application. Finding a prima facie case and noting the commercial quantity involved, the Court held that the petitioner did not satisfy the conditions for bail.
Bail application dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945 BAIL APPL. NO. 2257 OF 2023
Crime No. 1418 of 2022 of Perinthalmanna Police Station
PETITIONER/2ND ACCUSED:
SREEMESH C. AGED 26 YEARS S/O SREEDHARAN, CHERUTH HOUSE, CHAKKALAKUTHU P.O., NILAMBUR, MALAPPURAM DISTRICT, PIN - 679329 BY ADVS. P.SAMSUDIN MILAN RACHEL MATHEW
RESPONDENT/STATE
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
ADV.C.S HRITWIK,SR.GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2 . The petitioner is the 2 nd accused in Crime No. 1418/ 2022 of Perinthalmanna Police Station, which was registered for the offences punishable under Section 22(c) read with Section 29 of NDPS Act.
3 . The prosecution case is that, on 24.11.2022, at about 21.50 hrs, the petitioner along with the 1 st accused were found on a bridge near Namiya Glass World, Perinthalmanna Manathumangalam - Ponniyalkurushi Bypass road on a motorcycle bearing registration No.KL-31-L-5309 with 61 grams of MDMA in the bag held by the 1 st accused. The petitioner and the 1 st accused were arrested on the same day and they were remanded to judicial custody. Since then, he has been under judicial detention.
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B.A No. 2257 of 2023
4 . Heard, Sri. P Samsudin, the learned counsel appearing for the petitioner and Sri.C.S Hrithwik, the learned Public Prosecutor, appearing for the State.
5 . The learned counsel for the petitioner contends that the petitioner is innocent of all the allegations. The contention of the learned counsel for the petitioner was mainly by placing reliance upon the fact that the contraband article was detected from the bag which was held by the 1 st accused. According to the learned counsel, there is no specific role of the petitioner and he was only standing besides the 1 st accused.
6 . On the other hand, the learned Public Prosecutor opposes the said application by specifically contending that the petitioner was having the knowledge about the contraband articles and both of them came to the place of occurrence for the purpose of selling the same. The case diary was also made available for the perusal.
7 . I have carefully perused the Case Diary. Upon
examining the contents therein, it is evident that, there are specific allegations against the petitioner and there are some
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B.A No. 2257 of 2023
materials to establish a prima facie case against the petitioner. The quantity involved is commercial quantity and therefore, the rigor of Section 37 of NDPS Act would come into play. After careful scrutinizing the contents of the Case Diary, I am unable to find any materials to arrive at the satisfaction of the twin conditions contemplated under Section 37 of the Act.
In such circumstances, I do not find any justifiable reason to release the petitioner on bail, even though the final report has been filed. Accordingly, this application is dismissed.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
rpk
2 issues framed by the court
Whether the petitioner satisfies the twin conditions under Section 37 of the NDPS Act to be released on regular bail.
Whether the commercial quantity of contraband precludes bail in a narcotics case.
3 provisions across 2 enactments
SREEMESH C
STATE OF KERALA
ZIYAD RAHMAN A.A
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
