Allowed

Najeeb v. State of Kerala

Kerala HC26 Mar 2024Bail Appl./2081/2023

Case brief

AI extract

What is this about?

The High Court granted regular bail to a 66-year-old petitioner accused of drug offenses, citing his serious health conditions, age, lack of criminal antecedents, and prolonged custody under NDPS Act provisions.

What did the court decide?

Petitioner released on bail on stringent conditions including bond execution, regular appearances, no travel outside Kerala, surrender of passport, non-interference with investigation, and non-involve

Najeeb Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946

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BAIL APPL. NO. 2081 OF 2023

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SC NO.432 OF 2022 OF II ADDITIONAL DISTRICT COURT & SESSIONS
COURT,PALAKKAD

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PETITIONER/1ST ACCUSED:

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NAJEEB, AGED 66 YEARS
S/O BEERAN KOYA, AYISHA NIVAS,
OZHIKERIPPARAMBU, KALLAYI,
KOZHIKODE DISTRICT, PIN - 673003

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BY ADVS.S.RAJEEV
V.VINAY,M.S.ANEER
SARATH K.P.,PRERITH PHILIP JOSEPH
ANILKUMAR C.R.

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RESPONDENT/STATE:

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STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM – 682031
(CRIME NO.10/2021 OF EXCISE RANGE OFFICE, CHITTUR)
SR.PP DEEPA NARAYANAN

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OTHER PRESENT:

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ADDL.PP - P.NARAYANAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.03.2024,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.2081 of 2023

VIJU ABRAHAM, J.

B.A.No.2081 of 2023

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................................................................. Dated this the 26^th day of March, 2024

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ORDER

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This is an application for regular bail.

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Petitioner is the 1^st accused in Crime No.10 of 2021 of Excise Range Office, Chittur, registered alleging commission of offences punishable under Sections 20(b)(ii)(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985..

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The prosecution allegation is that the accused persons were found in possession of 188 kgs of ganja transported in a Nissam Sunny motor car bearing registration no.MH-12 GZ-7063. Petitioner was arrested on 28.12.2021 and is in custody since then,

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Petitioner submits that he is seriously affected with vitreo retinopathy and because of that his vision is diminishing and that he is aged 66 years. Petitioner further submits that he was granted interim bail as per order dated 02.09.2022 in B.A.No.6284 of 2022 and thereafter he returned back to the jail on 22.10.2022. Petitioner submits that his health condition is still weak and he requires urgent medical attention.

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When the matter came up for consideration on 13.04.2023 this Court has granted interim bail to the petitioner for undergoing surgery of

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BA No.2081 of 2023

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right eye from 17.04.2023 to 08.05.2023 and later on by order dated 18.10.2023 for undergoing surgery from 25.10.2023 to 06.11.2023. Thereafter petitioner has filed an application stating that the surgery of eye could not be conducted as he has developed chest pain and he was hospitalised in Baby Memorial Hospital, Calicut and the interim bail granted was extended further. A report was called for from the Calicut Medical College Hospital, a perusal of which revealed that he was advised to appear before the cardiology department on 12.12.2023 and an angiogram was planned on 13.12.2023. Petitioner submitted that he has undergone cardiac surgery and was discharged on 18.01.2024 and he is advised one month rest. Petitioner is presently on interim bail.

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Heard the learned Public Prosecutor who opposed the bail application but submitted upon instruction that the petitioner has no other criminal antecedents.

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A report was called for from the trial court concerned regarding the present stage of the case and it was reported that the case is being adjourned awaiting report of the handwriting expert.

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Admittedly the petitioner is in custody from 28.12.2021 onwards . The Apex Court in Mohd. Muslim @ Hussain v. State (NCT of Delhi) [2023 SCC online SC 352] has held that grant of bail on the ground of undue delay in trial cannot be said to be fettered by Section 37 of the NDPS Act. The Apex Court in Rabi Prakash v. The State of Odisha,

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BA No.2081 of 2023

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(SLP Crl. No. 4169 of 2023) has also reiterated that prolonged incarceration generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution of India and in such a situation, the conditional liberty must override the statutory embargo under Section 37 of the NDPS Act.

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Taking into consideration the age and serious ailments of the petitioner and also the fact that the petitioner has no other criminal antecedents and that he is on interim bail from 25.10.2023 onwards, I am inclined to grant bail to the petitioner, but taking into consideration the seriousness of the allegation, the same shall only be on stringent conditions. In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

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(i) Petitioner shall execute a bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court.

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(ii) He shall appear before the investigating officer in Crime No.10 of 2021 of Excise Range Office, Chittur on all second Saturdays at 11.00 a.m. till completion of the trial.

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(iii) He shall appear before the trial court on all posting dates without fail, except specifically exempted by the court.

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BA No.2081 of 2023

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(iv) He shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court.

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(v) He shall surrender his passport before the jurisdictional

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Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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(vi) He shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

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(vii) He shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.10 of 2021 of Excise Range Office, Chittur may file an application before the jurisdictional court, for cancellation of bail.

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Sd/-

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VIJU ABRAHAM

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cks

Najeeb v. State of Kerala

Case brief

What is this about?

What did the court decide?

Najeeb v. State of Kerala

Case brief

What is this about?

What did the court decide?

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