Bail application dismissed as the petitioner had failed to explain suppression of earlier dismissals. Court held rigid application of Section 37 of NDPS Act precludes bail given commercial quantity of contraband.
No bail granted; application dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945
BAIL APPL. NO. 8729 OF 2023
CRIME NO.273/2023 OF KOTTARAKKARA POLICE STATION, KOLLAM
IN SC 974/2023 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM
PETITIONER/2ND ACCUSED:
ANAND
AGED 26 YEARS
S/O. ANILKUMAR, ANEESH BHAVAN, VAVARAKKONAM,
KATTAYIKKONAM P.O, AYIROORPARA VILLAGE,
THIRUVANANTHAPURAM, PIN - 695584
BY ADVS.
R.V.SREEJITH
G.MAHESWARY
T.RINI
HARIGOVIND S.NAIR
NIDHIN KRISHNA
ANAKHA BABU
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SR PP - K DENNY DEVASSY
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No. 8729 of 2023
2
ORDER
Dated this the 6th day of November, 2023
This is the 3rd bail application filed by the 2nd accused in Crime No.273 of 2023 of Kottarakkara Police Station, Kollam under Section 439 of the Code of Criminal Procedure.
3
B.A.No. 8729 of 2023
(‘NDPS Act’ for short hereinafter). Later, investigation revealed that the 1st accused along with the petitioner herein purchased MDMA from Bangalore on 26.01.2023 along with Vishnu and Anand and they used to share the profit out of the said business. Further investigation revealed that the 2nd and 3rd accused entrusted Rs.90,000/- to the 1st accused for the purchase of contraband. Further when search was conducted, a yellow plastic cover, 3 ball shaped packets to store MDMA tied with masking tape, were seized from the petitioner's custody.
B.A.No. 8729 of 2023
4
contraband was recovered. Relevant paragraph of the order dated 17.18.2023 in the second bail application i.e. B.A. No.2749 of 2023 is as under:
B.A.No. 8729 of 2023
5
Section 37 of the NDPS Act. Therefore, there is no reason to revisit the said orders.
In view of the above, this bail application stands
dismissed.
Sd/-
A. BADHARUDEEN JUDGE
SK
2 issues framed by the court
Whether bail should be granted despite commercial quantity of contraband and prior dismissal of earlier applications.
Whether the rigid application of Section 37 of the NDPS Act precludes granting regular bail in cases involving commercial quantities.
1 provisions across 1 enactments
ANAND
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court