Third bail application of the sole accused in an excise case involving possession of 36 kg of ganja. The court found the accusation serious, noted commercial quantity triggering Section 37 NDPS Act restrictions and no change in circumstances from two earlier dismissals, and refused bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945
BAIL APPL. NO. 1831 OF 2024
CRIME NO.30/2022 OF Amaravila Excise Range Office, Thiruvananthapuram
Bail Appl. NO.11599 OF 2023 OF HIGH COURT OF KERALA PETITIONER/ACCUSED:
PONNUDHURAI, AGED 37 YEARS, S/O. PAL RETHINAM, 17B / 13 ANNAIKARE, THIRUVENKADAPURAM, RAJAKKALMANGALAM VILLAGE, NANGUNERI, THIRUNELVELI, TAMIL NADU STATE, PIN - 627108
BY ADVS. VISHNU DAS ADARSH S., SAMBHU KRISHNAN A. SRUTHI DAS
RESPONDENT/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 EXCISE RANGE OFFICE AMARAVILA AMARAVILA P.O, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN – 695122
PP SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
Dated this the 12th day of March, 2024
This is the third bail application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
the applicant is innocent and has been falsely implicated in the
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present case. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The counsel also submitted that charge sheet has already been filed. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
shows a premeditated criminal act on his part. The quantity involved is a commercial quantity. The accused was found in unauthorized possession of 36 kgs of ganja inside a carton concealed beneath diapers inside a Bolero Pickup Van bearing Regn.No.TN-84-Z-1936. There was nobody else in the car other than the applicant. The applicant could not explain how the contraband happened to be in the van. Since the quantity involved is a commercial quantity, the jurisdiction of this Court to grant bail is circumscribed by the provisions of Section 37 of
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NDPS Act. Bail can be granted in a case where there are reasonable ground for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. The applicant has not been able to point out the existence of any such facts and circumstances as are sufficient to justify recording a finding that he is not guilty of the offences charged. The fact that the charge sheet has been filed is not a ground to grant bail when the rigour of Section 37 of the NDPS Act is applicable. Having considered the submission and after having gone through the materials on record and also the gravity of the offence, I am of the view that the applicant cannot be released on bail at this stage. Earlier two bail applications filed by the applicant were dismissed by this Court. I do not find any change in circumstances to grant bail.
The bail application, accordingly, is dismissed.
sd/- DR. KAUSER EDAPPAGATH JUDGE
kp
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APPENDIX OF BAIL APPL. 1831/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CRIME NO.30/2022 OF AMARAVILA EXCISE RANGE OFFICE, THIRUVANANTHAPURAM DISTRICT DATED 26.08.2022
Annexure A2 THE TRUE COPY OF THE E-COURTS CASE STATUS OF THE SC NO. 428/2022 BEFORE THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE-VII, THIRUVANANTHAPURAM Annexure A3 THE COPY OF THE REPORTED JUDGEMENT IN JIJENDRAN C.M VS. STATE OF KERALA (B.A. NO. 2816 OF 2023) WITH CITATION [2023:KER:23183]
Annexure A4 THE TRUE COPY OF THE ORDER OF THE HON'BLE ADDITIONAL SESSIONS JUDGE-VII, THIRVANANTHAPURAM IN CRL MP NO. 878/2023 DATED 22.03.2023
Annexure A5 THE TRUE COPY OF THE ORDER IN BAIL APPL. NO. 3896 OF 2023 OF THIS HON'BLE COURT DATED 20.07.2023
Annexure A6 THE TRUE COPY OF THE ORDER IN BAIL APPL. NO. 9562 OF 2023 OF THIS HON'BLE COURT DATED 01.12.2023
Annexure A7 THE TRUE COPY OF THE ORDER IN BAIL APPL. NO. 11599 OF 2023 OF THIS HON'BLE COURT DATED 16.01.2024
Annexure 8 ORDER DATED 16-01-2024 IN BAIL APPL.11599/2023 ON HIGH COURT
1 issue framed by the court
Whether an accused in possession of a commercial quantity of ganja can be granted bail under Section 37 NDPS Act despite the charge sheet having been filed.
3 provisions across 2 enactments
Ponnudurai
State of Kerala, represented by Public Prosecutor
Excise Range Office Amaravila
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
