Bail application dismissed. Court held that commercial quantity of drugs being found in conscious possession, bail requires satisfaction of twin conditions under Section 37 NDPS Act, which were not met here.
Petitioner's application for regular bail dismissed.
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 A. BADHARUDEEN
TUESDAY, THE 7TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944
BAIL APPL. NO. 684 OF 2023
CRIME NO.846/2022 OF KUMBLA POLICE STATION, KASARAGOD
PETITIONER/ACCUSED:
ABDUL AKBAR M. A. @ AKKU
AGED 23 YEARS
S/O. MOOSA, PACHAMBALA HOUSE, ICHILAMGOD POST,
MANGALPADY (VIA), MANJESHWAR TALUK, KASARAGOD.,
PIN - 671324
BY ADV ANN SUSAN GEORGE
RESPONDENTS/COMPLAINANT AND STATE:
1 THE STATION HOUSE OFFICER KUMBLA POLICE STATION, KASARAGOD., PIN - 6713212 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031 BY ADV.P G MANU SR PUBLIC PROSECUTORTHIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BANo. 684 of 2023
2
A.BADHARUDEEN, J.
BAIL APPL. No.684 of 2023
Dated this the 7th day of March, 2023.
O R D E R
This is an application for regular bail filed by the sole accused in Crime No.846/2022 of the Kumbla Police Station, Kasargode.
records forming part of the case diary including the recovery Mahazar.
police party were conducting patrol duty, it was found that the petitioner possessed 11gms of MDMA. Accordingly, he was
BANo. 684 of 2023 3
nabbed red handedly. Crime was registered alleging commission of offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’ for convenience).
BANo. 684 of 2023
4
possession of the petitioner while he was possessing the same on search by the Investigating Officer. Therefore, prima facie the offence alleged to be committed by the accused under Section 22(c) of the NDPS Act is well made out. In such a case to grant bail shall be subject to the satisfaction of the conditions provided under Section 37 of the NDPS Act.
BANo. 684 of 2023
5
guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.
BANo. 684 of 2023 6
charged and this reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify recording of satisfaction that the accused is not guilty of the offence charged.
BANo. 684 of 2023
7
Customs, New Delhi v. Ahmadalieva Nodira [2004 KHC 505: AIR 2004 SC 3022:2004(3) SCC 549: 2004 SCC (Cri) 834: 2004 (110) DLT 300: 2004 CriLJ 1810: 2004 (166) ELT 302], Union of India v. Abdulla [2004 KHC 1992: 2004(13) SCC 504: 2005 CriLJ 3115: 2005 All LJ 2334], N.R.Mon v. Md.Nasimuddin [2008 KHC 6547: 2008(6) SCC 721: 2008(2) KLD 316: 2008(2) KLT 1022: 2008(9) SCALE 334: AIR 2008 SC 2576:2008 CriLJ 3491: 2008(3) SCC (Cri) 29], Union of India v. Rattan Malik [2009 KHC 4151: 2009(2) SCC 624: 2009(2) KLT SN 83: 2009 (1) SCC (Cri) 831:2009 CriLJ 3042: 2009 (4) ALL LJ 627: 2009(2) SCALE 51], Union of India v. Niyazuddin [2017 KHC 4465: AIR 2017 SC 3932: 2018 (13) SCC 738], State of Kerala v. Rajesh [2020(1) KHC 557: AIR 2020 SC 721: 2020(1) KLJ 664: 2020(2) KLT SN1 : ILR 2020(1), Ker.848]. Latest Decision on this point is Union of India v. Jitentra Giri (2023 Crl.LJ 799)
8
BANo. 684 of 2023
not disjunctively. Therefore satisfaction of both conditions are sine qua non for granting bail to an accused who alleged to have been committed the offences under Section 19 or Section 24 or Section 27A and also for the offences involving commercial quantity as provided under Section 37(1)(b) of the NDPS Act. Unless Section 37 is not amended by the legislature in cases specifically referred under Section 37(1)(b) of the NDPS Act, the Court could not grant bail without recording satisfaction of the above twin ingredients.
Hence this petition stands dismissed.
Sd/-
A.BADHARUDEEN, JUDGE.
Mn
BANo. 684 of 2023
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APPENDIX OF BAIL APPL. 684/2023
PETITIONER ANNEXURES
Annexure ITHE FREE COPY OF THE ORDER DATED
11.01.2023. IN CRIMINAL M. P. NO. 6 /
2023 ON THE FILES OF THE COURT OF
SESSION, KASARAGOD DIVISION
2 issues framed by the court
Whether bail can be granted when there is commercial quantity of drugs possessed by the accused.
Whether the court is satisfied that there are reasonable grounds for believing the accused is not guilty and will not commit offence on bail under Section 37 NDPS Act.
1 provisions across 1 enactments
Abdul Akbar M. A. @ Akku
The State of Kerala
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court