The High Court of Kerala rejected a second bail application filed by the second accused in an NDPS case involving possession of MDMA and LSD, citing the stricter rigour of Section 37 and the presence of antecedents.
Bail application dismissed.
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 MOHAMMED NIAS C.P.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
BAIL APPL. NO. 1037 OF 2024
CRIME NO.45/2023 OF KOTTAYAM EXCISE RANGE OFFICE, KOTTAYAM
AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.9393 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
ANWAR SHA N.N,
AGED 23 YEARS
S/O NAVAS, NIRTHALIL HOUSE, AAMAKKUNNU BHAGOM,
ERUMELI KARA ERUMELY SOUTH VILLAGE,
KANJIRAPPALLY TALUK KOTTAYAM DISTRICT, PIN - 688533
BY ADVS.
RAMEEZ M. AZEEZ
JUSTIN K.K.
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SMT.NIMA JACOB ,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1037 OF 2024
..2..
MOHAMMED NIAS C.P, J.
========================
B.A. No. 1037 of 2024
========================
Dated this the 3rd day of April, 2024
O R D E R
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
BAIL APPL. NO. 1037 OF 2024
No. 9393 of 2023 dated 17.11.2023, finding the involvement of the petitioner and that there are antecedents under the NDPS Act against the petitioner.
In such circumstances, I do not find any merit in this application and accordingly, the same is dismissed.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
BAIL APPL. NO. 1037 OF 2024
..4..
APPENDIX OF BAIL APPL. 1037/2024
PETITIONER ANNEXURES :
ANNEXURE-1ORDER DATED 17-11-2023 IN BAIL
APPL.9393/2023 ON HIGH COURT
ANNEXURE-2A COPY OF THE ORDER DATED 15/07/2023 IN
CRL.MC 146/2023 OF NDPS SPECIAL COURT,
THODUPUZHA
ANNEXURE-3A COPY OF THE SEIZURE MAHAZAR DATED
01/05/2023
ANNEXURE-4A COPY OF THE BUS TICKET OF THE
PETITIONER TRAVELING FROM BANGALORE TO
ERUMELY, IN SERA TRAVELS, BOOKED ON
REDBUS DATED 30.04.2023
ANNEXURE-5A COPY OF THE COMPLAINT FILED BY THE
FATHER OF THE PETITIONER BEFORE DY.SP,
EXCISE VIGILANCE, KOTTAYAM DATED
14/09/2023
// True Copy // PA To Judge
2 issues framed by the court
Whether regular bail should be granted to the accused under the NDPS Act.
Whether the rigour of Section 37 of the NDPS Act and antecedents preclude bail.
3 provisions across 2 enactments
Anvar Sha N.N
State of Kerala
Mohammed Nias C.P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court