High Court of Kerala dismissed regular bail application. Offence involved 138.750 grams of methamphetamine. Court held quantity was commercial, Section 37 NDPS Act applied, twin conditions not satisfied, bail not a fit case.
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B.A No. 8390 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 9TH DAY OF OCTOBER 2023 / 17TH ASWINA, 1945
BAIL APPL. NO. 8390 OF 2023 Crime No. 110/2022 of Poochakkal Police Station
PETITIONER/ACCUSED NO 4:
SHINCE BABU AGED 23 YEARS S/O BABU P.C PARACKAL HOUSE VELLAD P.O. THALIPARAMBU KANNUR DISTRICT, PIN - 670571 BY ADVS. S.SHANAVAS KHAN S.INDU KALA G.NAMBIAR
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER POOCHAKKAL POLICE STATION CHERTHALA P.O. ALAPPUZHA, PIN - 688526
OTHER PRESENT:
ADV SANAL P RAJ -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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B.A No. 8390 of 2023
O R D E R
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2 . The petitioner is the 4 th accused in Crime No. 110/2022 of Poochakkal Police Station. The offences alleged against the petitioner are punishable under Sections 22(c) and 29 of the NDPS Act.
3 . The prosecution case is that, on 11.02.2022, at about 2.55 p.m, the 1 st accused was found travelling in a private bus bearing registration No.KL-38-2825 from Cherthala to Arookutty along with 138.750 grams of Methamphetamine. The 1 st accused was arrested on the same day. During the course of investigating, it was revealed that, the contraband article was procured by the 1st accused with the help of the 2 nd accused from Banglore, which was supplied by the 3 rd and the 4 th accused. Accordingly, the petitioner was implicated as the 4 th accused and as part of the investigation he was arrested on 11.04.2022. Since then, he has been under judicial detention. Even though the petitioner approached this Court on an earlier occasion seeking regular bail,
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B.A No. 8390 of 2023
the same was dismissed as per Annexre-E order. This is the second application of the petitioner.
4 . Heard, Smt.S Sindhu, the learned counsel appearing for the petitioner and Sri.Sanal P Raj, the learned Public Prosecutor, appearing for the State.
5 . The learned counsel for the petitioner submits that, the petitioner is innocent of all the allegations and he has been under judicial detention since 11.04.2022. There is no purpose in keeping the petitioner under detention as the final report is also submitted.
6 . On the other hand, the learned Public Prosecutor opposes the said application by pointing out that, there are ample materiel indicating the involvement of the petitioner.
7 . I have carefully gone through the records. The contention raised by the petitioner has been specifically considered by this Court in earlier application. After referring to the depositions of CWs 43, 44, 45 and 46, it was found by this Court that, besides the confession statement, there are ample materials indicating the role of the petitioner. The quantity
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B.A No. 8390 of 2023
involved is 138.750 grams of Methamphetamine which comes under the category of commercial, to which, the rigor under Section 37 of the NDPS Act would come into play.
As there is nothing on record to satisfy the twin conditions contemplated under Section 37 of the NDPS Act, I am of the view that, this is not a fit case in which bail can be granted to the petitioner. I do not find any merit in this appeal and accordingly, it is dismissed.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
rpk
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B.A No. 8390 of 2023
APPENDIX OF BAIL APPL. 8390/2023
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE FIR IN CRIME NO. 110/2022 OF POOCHAKKAL POLICE STATION Annexure B TRUE COPY OF THE ORDER DATED 20/09/2022 IN CRL.M.P NO.3861/2022 OF THE HON'BLE COURT OF SESSIONS JUDGE, ALAPPUZHA Annexure C TRUE COPY OF THE ORDER DATED 13/06/2023 IN CRL.M.C NO. 813/2023 OF THIS HON'BLE COURT Annexure D TRUE COPY OF THE ORDER DATED 07/07/2023 IN CRL.M.P NO.2772/2023 OF THE HON'BLE COURT OF SESSIONS JUDGE, ALAPPUZHA Annexure E CERTIFIED COPY OF THE ORDER DATED 14/08/2023 IN B.A NO.5924 OF 2023 OF THIS HON'BLE COURT
1 issue framed by the court
Whether bail should be granted to the accused facing charges of importing large quantity of methamphetamine under the NDPS Act.
3 provisions across 2 enactments
SHINCE BABU
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
