Bail petitions by the same accused in two separate NDPS conspiracy cases were dismissed. The court denied bail in one case due to commercial quantity and in the other due to antecedents and the related commercial charge.
Petitioner's bail applications dismissed in both cases.
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.
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B. A. Nos. 8584 & 9191 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 20TH DAY OF NOVEMBER 2023 / 29TH KARTHIKA,
1945
BAIL APPL. NO. 8584 OF 2023
CRIME NO.1943/2023 OF PALARIVATTOM POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED NO.5:
SOUKESH, AGED 30 YEARS, S/O SOUMINI KOOVATHODAN, 227B, SOUGANDHIKAM, PAYYATTAM, IRINAVU P.O, KALLIASSERI, KANNUR DISTRICT, PIN- 670301.
BY ADVS. M/S.M.ANUROOP & MURSHID ALI M.
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031.
SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.11.2023, ALONG WITH BAIL APPL.NO.9191/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B. A. Nos. 8584 & 9191 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 20TH DAY OF NOVEMBER 2023 / 29TH KARTHIKA,
1945
BAIL APPL. NO. 9191 OF 2023
CRIME NO.2028/2023 OF PALARIVATTOM POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED NO.3:
SOUKESH, AGED 30 YEARS, S/O SOUMINI KOOVATHODAN,227B, SOUGANDHIKAM, PAYYATTAM, IRINAVU P.O, KALLIASSERI, KANNUR DISTRICT, PIN- 670301.
BY ADVS.M/S.M.ANUROOP & MURSHID ALI M.
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.11.2023, ALONG WITH BAIL APPL.NO.8584/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B. A. Nos. 8584 & 9191 of 2023
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MOHAMMED NIAS C. P. , J.
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B. A. Nos. 8584 & 9191 of 2023
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Dated this the 20th day of November, 2023
O R D E R
These applications are filed under Section 439 of the Code of Criminal Procedure seeking regular bail by the very same petitioner in two different crimes. The petitioner is the fifth accused in Crime No.1943/2023 and the third accused in Crime No.2028/2023 of Palarivattom Police Station, Ernakulam, for offences punishable under Sections 22(b), 8(c) & 29 and Sections 22(c), 8(c) & 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, respectively.
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B. A. Nos. 8584 & 9191 of 2023
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B. A. Nos. 8584 & 9191 of 2023
contraband. The proof for the same is evident from Google Pay transactions with the first accused. That apart, the petitioner was already an accused in Crime No.1943/2023 of Palarivattom Police Station involving 9.03 grams of MDMA. Under such circumstances, I am not inclined to grant bail to the petitioner because of the antecedent under the NDPS Act itself. As far as B.A.No.8584/2023 is concerned, the materials prima facie show the involvement of the petitioner and as the petitioner has been arrayed as an accused in Crime No.2028/2023 involving commercial quantity, I am not inclined to grant bail to the petitioner considering the rigour under Section 37 of the NDPS Act.
In such circumstances, I do not find any merit in these applications and accordingly, dismissed.
Sd/-
MOHAMMED NIAS C. P., JUDGE
MMG
B. A. Nos. 8584 & 9191 of 2023
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APPENDIX OF BAIL APPL.NO.8584/2023
PETITIONER'S ANNEXURE:
ANNEXURE A1 THE TRUE COPY OF THE CRIME NO. 1943/2023 OF PALARIVATTOM POLICE STATION DATED 25-08-2023
B. A. Nos. 8584 & 9191 of 2023
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APPENDIX OF BAIL APPL.NO.9191/2023
PETITIONER'S ANNEXURE:
ANNEXURE 1 THE TRUE COPY OF THE FIR IN CRIME NO. 2028/2023 OF PALARIVATTOM POLICE STATION DATED 07-09-2023
3 issues framed by the court
Whether bail should be granted to a petitioner accused in conspiracy NDPS cases involving commercial quantities.
Whether antecedents under the NDPS Act preclude bail in a second related case involving commercial quantity.
Whether aggravation of punishment under Section 37 of the NDPS Act bars bail in an initial charge case given antecedent.
4 provisions across 2 enactments
SOUKESH
STATE OF KERALA
MOHAMMED NIAS C. P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
