The Court dismissed the second bail application of Shamnad, an accused in a commercial quantity NDPS case. Ruling that commercial quantity seizure restricts bail jurisdiction under Section 37, the Court found no evidence of innocence or changed circumstances to justify release.
Bail application is dismissed; the applicant remains in judicial custody.
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.
B.A.No.1974/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 22ND DAY OF JULY 2024 / 31ST ASHADHA, 1946 BAIL APPL. NO. 1974 OF 2024
CRIME NO.1404/2023 OF Kundara Police Station, Kollam
AGAINST THE ORDER DATED IN SC NO.10226 OF 2023 OF I
ADDITIONAL DISTRICT COURT , KOLLAM
PETITIONER/ACCUSED NO.3:
SHAMNAD, AGED 23 YEARS S/O ABDUL RAHMAN, KADAYIL VEEDU, KULATHINKARA BHAGAM, KUREEPPALLY, PERUMPUZHA PO, KOLLAM,, PIN - 691504
BY ADV M.RAJESH
RESPONDENTS/COMPLAINANT:
SRI. SYAMANTHAK, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.1974/2024
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O R D E R
This is the second bail application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
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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. 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.
B.A.No.1974/2024
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cannot subscribe to the said argument. Apart from that, 63.400 grams of MDMA was seized from the car. Since the quantity involved is commercial quantity, the jurisdiction of this Court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. Bail can be granted in a case where there are reasonable grounds to believe that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. The counsel for the applicant is not able to point out the existence of any such facts or circumstances as are sufficient to justify recording a finding that he is not guilty of the offences charged. That apart, I see no change in circumstances after the dismissal of the earlier bail application. Considering the submission, after having gone through the materials on record, and also considering the gravity of offences, I am of the view that the applicant cannot be released on bail at this stage.
The bail application, accordingly, is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
B.A.No.1974/2024
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APPENDIX OF BAIL APPL. 1974/2024
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE ORDERS OF THIS HON'BLE COURT IN BA NO. 10226/2023 DATED 30.11.2023
Annexure 2 THE TRUE COPY OF THE ORDERS OF THE HON'BLE PRINCIPAL SESSIONS JUDGE, KOLLAM DATED 10.01.2024 IN CRL MC NO. 18/2024
3 issues framed by the court
Whether bail should be granted to an accused facing charges of possession of commercial quantity of MDMA under the NDPS Act.
Whether the quantity of drugs seized from the applicant affects the application of Section 37 of the NDPS Act.
Whether there are reasonable grounds to believe the applicant is not guilty and unlikely to commit new offences on bail.
3 provisions across 2 enactments
SHAMNAD
STATE OF KERALA
THE INSPECTOR OF POLICE
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
