Dismissed

Shaddam Hussain v. State of Kerala

Kerala HC17 Feb 2023Bail Appl./794/2023

Case brief

AI extract

What is this about?

Bail application filed by the second accused in an N-DS Act and COTPA case alleging joint possession of seized ganja and tobacco products for sale. The High Court rejected the plea due to the primary stage of investigation and the need to trace the source of the huge quantity of contraband, dismissing the appeal against the order below.

What did the court decide?

Petition for regular bail dismissed; petitioner is to be continued in custody pending further investigation.

Shaddam Hussain Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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FRIDAY, THE 17^TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944 BAIL APPL. NO. 794 OF 2023

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AGAINST THE ORDER DATED 21.01.2023 IN CRMC 3061/2022 OF

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ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM

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CRIME NO.1921/2022 OF ERNAKULAM CENTRAL POLICE STATION,

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ERNAKULAM

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PETITIONER/2ND ACCUSED:

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SHADDAM HUSSAIN AGED 31 YEARS S/O ABU THAHIR, NAGAON, GHEAHUBA CHALACHALI P. O UTTAR KHATOWAL, ASSAM, PIN – 782124.

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BY ADVS. SREEKANTH S.NAIR SANDEEP P JOHNSON

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

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2 STATION HOUSE OFFICER ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM, PIN – 682018.

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BY SENIOR PUBLIC PROSECUTOR SRI P.G.MANU

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09.02.2023, THE COURT ON 17.02.2023 DELIVERED THE FOLLOWING:

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B.A.No.794 of 2023 2

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A.BADHARUDEEN, J.

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================================

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B.A.No.794 of 2023

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================================

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Dated this the 17^th day of February, 2023

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O R D E R

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This is an application for regular bail filed by the 2 nd accused in Crime No.1921/2022 of Ernakulam Central Police

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Station, under Section 439 of the Code of Criminal Procedure, where accused 1 and 2 alleged to have committed offences punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act and Section 6(b) and 24 of Cigarettes and Other Tobacco Products Act, 2003.

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2 . Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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3. The prosecution allegation is that at about 2.00 p.m on 28.12.2022, accused Nos.1 and 2 jointly possessed 7 kg of ganja, 1197 tablets, 270 packet cool lip, 29 packet Swagath, 510 packet

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Hans, 14 packet Vimal tobacco products in 2 sacks for the

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purpose of sale near ERG Junction, Banerji Road, Ernakulam.

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B.A.No.794 of 2023 3

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They were intercepted and contraband was taken into custody. Subsequently they were nabbed and crime was registered alleging commission of the above offences.

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4. While pressing for regular bail to the petitioner, who is a native of Assam, the learned counsel for the petitioner submitted that the petitioner is a first time offender and the investigation requiring his custody is practically over. It is pointed out further that the petitioner is ready to abide by any condition as a prerequisite for granting regular bail. According to him, the allegations are false and the petitioner is a first time offender. It is submitted further that taking note of his custody from 05.01.2023, he is liable to be released on bail.

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5. Whereas the learned Public Prosecutor zealously opposed the regular bail plea at the instance of the petitioner. Further it is submitted that even though the petitioner has no criminal antecedents, the investigation team needs to find out the source of the huge quantity of contraband of various types. It is also pointed out by the learned Public Prosecutor that the petitioner being a native of Assam, if he will be released on bail at

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B.A.No.794 of 2023 4

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the primitive stage of investigation, he would flee from trial. Therefore, he may not be released on bail.

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Having noticed the huge quantity of contraband, the apprehension expressed by the learned Public Prosecutor appears

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to be correct. Therefore, I am not inclined to release the petitioner on bail at this stage, where the investigation is on the primary stage. Hence this petition is liable to be dismissed and is accordingly dismissed.

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Sd/-

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(A. BADHARUDEEN, JUDGE)

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rtr/

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B.A.No.794 of 2023 5

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APPENDIX OF BAIL APPL. 794/2023

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PETITIONER'S ANNEXURES

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Annexure A1 TRUE COPY OF FIR NO. 1921/2022 DATED 28.12.2022 REGISTERED BY ERNAKULAM CENTRAL POLICE STATION. Annexure A2 CERTIFIED COPY OF THE ORDER DATED 21.01.2023 IN CRL. M. C NO. 3061/2022 .

Shaddam Hussain v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaddam Hussain v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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