Third regular bail application by the second accused in an NDPS case involving seizure of 209.700 kg of ganja from a lorry and car. Bail was refused as the petitioner is a habitual offender with seven prior crimes; the court directed the trial court to conclude proceedings within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
BAIL APPL. NO. 10705 OF 2023
CRIME NO.658/2021 OF KORATY POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.2:
SUDHEESH,
AGED 42 YEARS
S/O. BALAN, VALIYAVEETTIL HOUSE, MANNUTHY DESOM, THRISSUR
DISTRICT, PIN - 680651
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN – 682031
BY SR.PUBLIC PROSECUTOR SRI.K.DENNY DEVASSY
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14.12.2023,
THE COURT ON 4.1.2024 DELIVERED THE FOLLOWING:
BAIL APPL. NO. 10705 OF 2023 2
ORDER
Dated this the 4th day of January, 2024
This is the third application for regular bail, filed by the petitioner, who is the 2nd accused in Crime No.658/2021 of Koraty Police Station, Thrissur, where accused Nos.1 to 5 alleged to have committed offences punishable under Sections 22(b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS’ hereinafter).
BAIL APPL. NO. 10705 OF 2023 3
in 7 crimes, as detailed hereunder:
Crime No. Police Station Offence
1) 3634/2015 TRAFFIC PS 279 IPC & 185 MV Act 2) 966/2017 MANNUTHY PS 279, 338 IPC 3) 401/2002 THRISSUR EAST 323,324 & 34 IPC 4) 25/2002 PAZHAYANNUR PS 143,147,148,341,323,302,149 5) 386/2019 CHERUTHURUTHI 279,338 IPC 6) 121/2009 THRISSUR EAST 341,324 IPC 7) 565/2008 VIYYUR 341,323,324,34 IPC
where the rider under Section 37 of the NDPS Act, would apply.
by this Court, as per interim order, dated 7.12.2023, suggesting the minimum time for disposal of S.C.No.154/2022 arose out of Crime No.658/2021 of Koraty Police Station, Thrissur, and the learned IV Additional District Judge, Thrissur, as per report, dated 11.12.2023, agreed to dispose of the matter within a period of six months.
BAIL APPL. NO. 10705 OF 2023 4
the rider under Section 37 of the NDPS Act. Since the learned Special Judge agreed to dispose of the case within a period of six months, there shall be a direction to the learned Special Judge, Thrissur, to dispose of S.C.No.154/2022, arose out of Crime No. 658/2021 of Koraty Police Station, within a period of six months from the date of receipt of a copy of this order and file compliance of report.
Directing so, this bail application stands dismissed.
Sd/- A. BADHARUDEEN JUDGE
Bb
1 issue framed by the court
Whether the accused, a habitual offender arrested with 209.700 kg ganja, can be granted regular bail under the Section 37 NDPS restrictions.
2 provisions across 1 enactments
Sudheesh
State of Kerala
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court