The Kerala High Court dismissed a regular bail application filed by the third accused in a narcotics case involving MDMA. The court held the case was under investigation, involved commercial quantity, and lacked justification for bail under Section 37 of the NDPS Act.
Bail application dismissed; no relief granted.
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 ZIYAD RAHMAN A.A.
THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945
BAIL APPL. NO. 2445 OF 2023
CRIME NO.273/2023 OF KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT
PETITIONER/ACCUSED NO.3:
VISHNU P.V,
AGED 30 YEARS
S/O VASU PILLAI THOPPIL VEEDU,
NEAR THUNDIL MADAVUR TEMPLE, AYIROORPARA,
THIRUVANANTHAPURAM, PIN – 695584
BY ADV V.C.SARATH
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
BY ADV
ADV C S HRITHWIK -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. 2445 OF 2023
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ORDER
The petitioner is the 3rd accused in Crime No.273/2023 of
Kottarakkara Police Station. The offence alleged against the petitioner is 22(C) of NDPS Act.
MDMA at a place near to Kottarakkara private bus stand. During the course of investigation it was revealed that the 2nd and the 3rd accused have given money to the 1st accused for purchasing MDMA from Bangalore. Accordingly, the petitioner was also implicated. As part of investigation the petitioner was arrested on 29.01.2023 and since then he has been under judicial detention. This application
for regular bail is submitted in such circumstances.
and Sri.C.S. Hrithwik, learned Public Prosecutor for the State.
BAIL APPL. NO. 2445 OF 2023
3
petitioner. The contraband articles were seized from the possession of the 1st accused and apart from the confession statement given by the 1st accused, there are absolutely no materials to implicate the petitioner in the offence. The petitioner has been in custody since 29.01.2023 and therefore, the release of the petitioner was sought.
opposes the said prayer by pointing out that there are specific allegations against the petitioner. In the statement given by the 1st accused, it has been clearly mentioned that, an amount of Rs.90,000/- (Rupees ninety thousand only) was provided by the 2nd and 3rd accused, to enable the 1st accused to procure the contraband article from Bangalore and they used to share the profit derived from the sale among them equally. During the course of investigation Section 29 of the NDPS Act was also incorporated and the investigation is even now in progress. Therefore the dismissal of the application was sought.
certain allegations against the petitioner. Even though the learned
BAIL APPL. NO. 2445 OF 2023
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counsel for the petitioner submits that apart from the confession statement of the victim, there are no other evidence, I am of the view that, since the matter is even now under investigation, the said contention cannot be accepted at this stage. The quantity involved is commercial quantity and therefore rigour of Section 37 of the NDPS Act would come into play. In the facts and circumstances of the case, I do not find any justifiable reason to record the satisfaction of the twin conditions contemplated under the said provision.
Therefore, I do not find this as a fit case in which bail can be granted at this stage. Accordingly, this application is dismissed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
2 issues framed by the court
Whether the petitioner is entitled to bail in a commercial quantity narcotics case where the prosecution is still under investigation.
Whether the claim of innocence and lack of independent material suffices to grant bail under Section 37 of the NDPS Act.
3 provisions across 1 enactments
VISHNU P.V
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court