In a regular bail application under Section 37 of NDPS Act, the Court dismissed the petition where commercial quantities of drugs were recovered, despite the accused's plea of impugned Section 50 compliance and long detentions.
Bail application dismissed on grounds of commercial quantity and failure to meet conditions under Section 37 of NDPS Act.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945
BAIL APPL. NO. 2393 OF 2023
NDPS CRIME NO.14/2023 OF EXCISE RANGE OFFICE, CHERTHALA
PETITIONER/ACCUSED:
SANGEETH
AGED 34 YEARS, S/O SASEEDHARAN,
MENOTH PARAMBU, PADIYAM, THRISSUR, PIN – 680641
BY ADVS.
NIDHI BALACHANDRAN
THOMAS C.ANTONY
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
2EXCISE INSPECTOR
EXCISE RANGE OFFICE,
CHERTHALA, PIN – 688524
BY ADV PUBLIC PROSECUTOR
ADV SREEJA V -SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2393 OF 2023
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ORDER
The petitioner is the accused in Crime 14/2023 of Excise Range, Cherthala which was registered for the offences punishable under Sections 22(b)(ii)(A) and 22(c) of NDPS Act.
hours, the petitioner was found in possession of 28 grams of MDMA and 31 grams of hashish oil. The crime was registered in such circumstances and the petitioner was also arrested on the same
day. Since then he has been under judicial detention. This application for regular bail is submitted in such circumstances.
petitioner and Smt.Sreeja V., learned Public Prosecutor for the State.
petitioner is innocent of all the allegations. According to him, the petitioner was falsely implicated in this case. He also contents that, while conducting the examination of the petitioner, the mandatory procedure as contemplated under Section 50 of the Act was not
BAIL APPL. NO. 2393 OF 2023
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complied with. The petitioner is in custody for the past five months and there is no purpose in keeping the petitioner under detention any longer.
BAIL APPL. NO. 2393 OF 2023
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gazetted officer was conveyed to him, and he did not avail the said
option. In such circumstances, I am of the view that, the said ground cannot be considered at this stage. Since the quantity involved comes under the category of commercial quantity, rigour of Section 37 of the Act is applicable. From the materials placed before me I am not convinced that the twin conditions contemplated under the said provision are satisfied.
Accordingly, I do not find any merit in this application and it is dismissed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
3 issues framed by the court
Whether bail should be granted in a commercial quantity NDPS case where the Section 50 procedure and custody duration are challenged.
Whether the commercial quantity recovered satisfies the twin conditions under Section 37 of the NDPS Act for bail purposes.
Whether the petitioner's failure to avail the option of inspection in the presence of a gazetted officer during seizure vitiates the case.
Colour shows how this judgement treated each authority
not citedReferred
3 provisions across 1 enactments
Sangeeth
State of Kerala
Excise Inspector, Cherthala
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court