In an appeal against a low court order, the High Court of Kerala reviewed a bail application under the NDPS Act for a 6th accused. Finding a prima facie case, commercial quantity involved, and lack of statutory satisfaction, the bail application was dismissed.
The application for regular bail is dismissed. The petitioner remains in judicial custody.
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.
MONDAY, THE 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945
BAIL APPL. NO. 3856 OF 2023
CRIME NO.880/2022 OF VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/6TH ACCUSED:
PRADHEESH KUMAR
AGED 36 YEARS
S/O DIVAKARAN NAIR, THOPPIL VEEDU, SMR COLONY,PULLUKADA
KARIMANAL DESOM, ATTIPRA VILLAGE
P.O. THIRUVANANTHAPURAM, PIN - 695011
NOW RESIDING AT: APARNA BHAVAN,
KIZHAKKUMKARA,KULATHOORA
P.O. ATTIPRA VILLAGE, THIRUVANANTHAPURAM 695001
BY ADVS.
G.RANJU MOHAN
M.SANTHI (K/868/2011)
ARYA S.
RESPONDENT/STATE:
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
24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3856 OF 2023
2
ORDER
The petitioner is the 6th accused in Crime No.880/2022 of
Venjaramoodu Police Station which was registered for the offences punishable under Sections 20(b)(ii)(C), 25 and 29 of the NDPS Act.
BAIL APPL. NO. 3856 OF 2023
3
petitioner is innocent of all the allegations and there is absolutely nothing on record for implicating the petitioner as an accused. The petitioner has been in custody since 30.10.2022 and now the final report is already submitted. In such circumstances, there is no purpose in keeping the petitioner under detention any longer. It is pointed out that the accused Nos.1 to 4 were already released.
BAIL APPL. NO. 3856 OF 2023
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period hundreds of telephone calls were made between the petitioner and the other accused including the 5th accused. The details of all the said calls were provided by the learned Public Prosecutor. In such circumstances, the learned Public Prosecutor seeks for dismissal of the application.
BAIL APPL. NO. 3856 OF 2023
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taken into consideration, I am of the view that, there is a prima facie case made out against the petitioner. The quantity involved is very
huge and comes under the category of commercial quantity. Therefore, the rigour under Section 37 of NDPS Act is applicable. When considering the entire materials placed before this Court, I am of the view that, this is not a fit case in which bail can be granted to the petitioner. From the materials, I am unable to find anything to record the satisfaction of twin conditions contemplated under Section 37 of the NDPS Act.
Thus, I do not find any merit in this application and accordingly it is dismissed.
Sd/ZIYAD RAHMAN A.A. JUDGE
scs
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 37 of the NDPS Act given the commercial quantity of contraband involved.
Whether the materials on record satisfy the twin conditions contemplated under Section 37 of the NDPS Act for granting bail.
1 provisions across 1 enactments
PRADHEESH KUMAR
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court