The Kerala High Court rejected the bail application of Abdul Samad, the seventh accused in a drug supply case under the NDPS Act. The court noted commercial quantities and his criminal antecedents, holding that this was not a fit case for bail at the investigation stage.
Bail application dismissed; petitioner to remain 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.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
BAIL APPL. NO. 8438 OF 2023
CRIME NO.348/2023 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER:
ABDUL SAMAD
AGED 28 YEARS
S/O. ABOOBAKER, SAMATHIYA MANZIL,
KAYYAR, UPPALA, KASARGOD DISTRICT, PIN – 671322
BY ADVS.
RASHEED C.NOORANAD
R.AJAYGHOSH
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682031
2 STATION HOUSE OFFICER KARAMANA POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN – 695002BY ADV
ADV.JACOB E.SIMON – PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8438 OF 2023
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ORDER
This is an application filed under Section 439 of Code of Criminal Procedure seeking regular bail.
that the contraband articles were supplied by the petitioner herein and accordingly, he was implicated as the 7th accused. As part of the investigation the petitioner was arrested on 12.05.2023. Even
BAIL APPL. NO. 8438 OF 2023
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though the petitioner has approached this Court earlier by filing B.A. No.6348 of 2023 the same culminated in Annexure 3 order by which the said application was dismissed. This application is submitted in such circumstances.
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under the provisions of NDPS Act. Similarly, he was also implicated as the 3rd accused in Crime No.405/2023 of Manjeswar Police Station under Section 8 (c), 22 (c) and 29 of NDPS Act. It was also pointed out that in the aforesaid crime, the arrested of the petitioner is yet to be recorded.
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Therefore, I do not find any merit in this application and
accordingly it is dismissed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
BAIL APPL. NO. 8438 OF 2023
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APPENDIX OF BAIL APPL. 8438/2023
PETITIONER ANNEXURES
Annexure 1TRUE COPY OF THE COMMON ORDER IN CRL
MP NO. 2625/2023 DATED 20.07.2023 OF
SESSIONS COURT, THIRUVANANTHAPURAM
Annexure 2A TRUE COPY OF THE ORDER IN BA NO.
4106/2023 OF THIS HON'BLE COURT DATED
14.07.2023
Annexure 3A TRUE COPY OF THE ORDER IN BA NO.
6348/2023 BEFORE THIS HON'BLE COURT
DATED 04.08.2023
2 issues framed by the court
Whether bail should be granted to the petitioner charged with drug supply offenses under the NDPS Act.
Whether the commercial quantity of drugs and ongoing investigation negate the purpose of keeping the petitioner in judicial custody.
3 provisions across 2 enactments
ABDUL SAMAD
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court