Bail application filed under Section 439 CrPC by a 6th accusedcharged with offences under NDPS Act. Court dismissed bail as commercial quantity existed and prima facie case established.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945
BAIL APPL. NO. 3303 OF 2023
CRIME NO.117/2023 OF KOLLENGODE POLICE STATION, PALAKKAD
PETITIONER/ACCUSED NO.6:
SOORAJ J AGED 31 YEARS
S/O JAYAPRAKASH, SOORAJ NIVAS, PUNUKKANOOR, CHERUKARAMOOLA, KOTTAMKARA VILLAGE, PERUMPUZHA P.O. KOLLAM, PIN - 691504
BY ADV SUMESH CHAKKADATH SUBRAMANIAN C S
RESPONDENT/STATE AND INVESTIGATING OFFICER:
OTHER PRESENT:
ADV SREEJA V SR PP, ADV CS HRITHWIK SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.07.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.3303 OF 2023
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O R D E R
This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
BAIL APPL. NO.3303 OF 2023
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circumstances.
4
BAIL APPL. NO.3303 OF 2023
The specific case of the prosecution is that the petitioner transferred amounts to the other accused for the purpose of procuring contraband articles for him and there are materials for establishing the same. In addition to that, the petitioner was also involved in another case i.e. Crime No.193/2023 of Town North Police Station, Palakkad, wherein the offence is under Section 22(c) of the Act is involved. As the quantity involved is commercial quantity, the rigour under Section 37 of the Act is applicable. When going through the materials placed on record, there are some materials indicating the role of the petitioner and a prima facie case is made out. He is also having criminal antecedents.
In such circumstances, I do not find any material, to record the satisfaction of the dual conditions contemplated under Section 37 of the Act. The matter is even now under investigation. In such circumstances, I do not find any merit in this application. Accordingly, this Bail Application is dismissed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
shg
BAIL APPL. NO.3303 OF 2023
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APPENDIX OF BAIL APPL. 3303/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER IN CMP 1270/2023 OF SESSION COURT PALAKKAD DATED 18.04.2023
1 issue framed by the court
Whether the petitioner is eligible for regular bail under Section 37 of the NDPS Act given commercial quantity and criminal antecedents.
4 provisions across 2 enactments
SOORAJ J
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
