The High Court of Kerala dismissed the second regular bail application of an accused charged with offences under the NDPS Act. Finding no material change in circumstances from the first dismissed application and persisting allegations of commercial trafficking, the Court upheld the original ruling.
Regular bail application dismissed; status quo ante ordered.
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.
B.A.No.2749/2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 17TH DAY OF AUGUST 2023 / 26TH SRAVANA, 1945
BAIL APPL. NO. 2749 OF 2023
AGAINST THE ORDER INCRMC 328/2023 OF DISTRICT COURT &
SESSIONS COURT,KOLLAM
CRIME NO.273/2023 OF KOTTARAKARA POLICE STATION, KOLLAM
PETITIONER/ACCUSED(A2):
ANAND,
AGED 26 YEARS,
S/O ANILKUMAR, ANEESH BHAVAN,
VAVARKONAM, KATTAYIKONAM P.O.,
AYIROORPPARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN – 695584.
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RADHIKA S.ANIL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
PIN – 682031.
SENIOR PUBLIC PROSECUTOR SRI P G MANU
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
07.08.2023, THE COURT ON 17.08.2023 DELIVERED THE
FOLLOWING:
B.A.No.2749/2023
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A. BADHARUDEEN, J.
================================ B.A.No.2749 of 2023
================================ Dated this the 17 th day of August, 2023
O R D E R
This is the second application for regular bail filed by the 2 nd
accused in Crime No.273/2023 of Kottarakkara Police Station,
where the prosecution alleges commission of offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act (`NDPS Act’ for short hereinafter).
2 . Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary as such.
3 . The prosecution allegations is that based on a secret information received to the effect that a youngster had been
B.A.No.2749/2023
3
travelling along with MDMA in an A.C bus coming from Bangalore, when search was conducted, it was found that a youngster was carrying 2 bags, in front of Dhana Boutique on the eastern side of Plakkottu Castle building, on the opposite side of Kottarakkara private bus stand. On seeing the excise party, the petitioner attempted to escape. Thereafter, he was intercepted and, on search, 106 gram of MDMA was seized from his possession. Accordingly, crime was registered alleging commission of the above offence. Later, investigation revealed that the 1 st accused along with the petitioner herein purchased MDMA from Bangalore on 26.01.2023 along with Vishnu and Anand and they used to share the profit out of the said business. Further investigation revealed that the 2 nd and 3 rd accused entrusted Rs.90,000/- to the 1 st accused for the purchase of contraband. Further when search was conducted, an yellow plastic cover, 3 ball shaped packets to store MDMA tied with masking tape, were seized from the petitioner’s custody.
B.A.No.2749/2023
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4 . Whereas, the learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that the statement given by the 1 st accused and also from the materials collected during investigation it has been revealed that the 1 st accused purchased MDMA by using the money given by the 2 nd and 3 rd accused; the 1 st accused was arrested while carrying the contraband, jointly purchased by the 2 nd and 3 rd accused when he was transporting the same and the details of call records between the petitioner and the other accused during the relevant period, to substantiate the involvement of the petitioner in this crime.
5 . This Court dismissed the first bail application
considering the fact that on perusal of the case diary, it was revealed that initially contraband to the tune of 106 gram of MDMA was seized from the possession of the 1 st accused and later investigation revealed that the 1 st accused purchased MDMA by using the money handed over by the 2 nd and 3 rd accused and there
are consistent calls in between the 1 st accused, 2 nd accused and 3 rd
B.A.No.2749/2023
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accused during the relevant period. Further, investigation in this crime was at the very initial stage and details were to be obtained by the Investigating Officer. Further in cases involving commercial quantity of contraband this Court cannot grant regular bail to the petitioner without satisfying the conditions as provided under Section 37 of the NDPS Act.
6 . In this second application for regular bail, nothing substantiated to take a different view, since the earlier bail application was dismissed holding that the rider under Section 37 of the NDPS Act cannot be diluted.
Therefore, this bail application stands dismissed.
Sd/-
(A. BADHARUDEEN, JUDGE)
rtr/
B.A.No.2749/2023
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APPENDIX OF BAIL APPL. 2749/2023
PETITIONER’S ANNEXURES
Annexure-AA TRUE COPY OF THE REMAND APPLICATION IN
CRIME NO. 273/2023 OF KOTTARAKARA POLICE
STATION.
Annexure-BA TRUE COPY OF THE ORDER DATED
20.02.2023 IN CRL.M.C. NO. 328 / 2023 OF
THE PRINCIPAL SESSIONS COURT, KOLLAM.
Annexure-CA TRUE COPY OF THE ORDER DATED
22.03.2023 IN B.A. NO. 1706 / 2023.
2 issues framed by the court
Whether conditions of bail under Section 37 of the NDPS Act were satisfied in a case involving commercial quantity of contraband.
Whether the dismissal of a previous bail application necessitates the dismissal of the second application when facts remain unchanged.
1 provisions across 1 enactments
ANAND
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court