Second NDPS regular bail application by the first accused in a case involving MDMA and ganja seizure. The court found no change in circumstances from the earlier rejection and dismissed the application, directing the trial court to complete trial within six months, failing which the petitioner may reapply.
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 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945
BAIL APPL. NO. 366 OF 2024
CRIME NO.24/2022 OF THODUPUZHA EXCISE RANGE OFFICE, IDUKKI AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL.NO.7709 OF 2022 OF HIGH COURT OF KERALA PETITIONER/ACCUSED NO.1:
SHAMNAS.K.SHAJI, AGED 33 YEARS, S/O SHAJI, KUNNATHU HOUSE, EDAMARUKU KARA, UDUMBANNOOR VILLAGE, NOW RESIDING AT KUNNATHU HOUSE, KALLUMARI KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN – 685608
BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA ALWIN JOSEPH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
SMT.T.V.NEEMA, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.366/2024
..2..
MOHAMMED NIAS C.P., J.
- - - - - - - - - - - - - - - - - - - - -
B.A.No. 366 of 2024
- - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 20th day of March, 2024
O R D E R
This is the second bail application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
B.A.No.366/2024
..3..
petitioner is innocent of all the allegations.
there are two other cases registered against the petitioner and that different types of contrabands were seized from the petitioner. I do not find any change in circumstances to grant bail to the petitioner. A report was called for from the trial Court as to the probable time required for trial of the case. A report has been filed on 16/03/2024 indicating that the trial can be completed within six months time.
application there will be a direction to the Court concerned to take all steps to complete the trial within the timeline indicated in the report dated 16/03/2023. In case the trial gets delayed beyond the period mentioned, and the same is not attributable to the petitioner, the petitioner will be free to approach for bail before the same Court. Subject to the above, the bail application is dismissed.
Sd/- MOHAMMED NIAS C.P. JUDGE
APA
B.A.No.366/2024
..4..
APPENDIX OF BAIL APPL. 366/2024
PETITIONER ANNEXURES
| ANNEXURE | 1 ORDER APPL. |
DATED 7709/2022 ON |
13-10 HIGH C |
-2022 OURT |
IN | BAIL |
|---|---|---|---|---|---|---|
| ANNEXURE | 2 TRUE 24 THODU |
COPY OF THE OF 2022 O PUZHA, IDUKK |
FINAL F EXC I DISTR |
REPORT IN ISE RANG ICT |
CR E |
IME NO. OFFICE, |
| ANNEXURE | 3 TRUE CRLMC THODU |
COPY OF THE NO.96/2023 PUZHA |
ORDER OF HON |
DATED 06. 'BLE SPEC |
05. IAL |
2023 IN COURT, |
| ANNEXURE | 4 TRUE B.ANO COURT |
COPY OF THE .9198/2023 |
ORDER PASSED |
DATED 27. BY THI |
11. S |
2023 IN HON'BLE |
| ANNEXURE | 5 TRUE |
COPY OF THE | ORDER | DATED 06. | 12. | 2023 IN |
| CRL | M.P. NO.769 | /2023 | IN SC | NO | .64/2023 | |
| PASSE NDPS |
D BY THE H ACT CASES, T |
ON'BLE HODUPUZ |
SPECIAL HA |
CO | URT FOR | |
| ANNEXURE | 6 TRUE |
COPY OF THE | JUDGME | NT DATED | 11 | .08.2023 |
| IN C COURT |
RL M.C NO. |
4766/20 | 23 OF TH | IS | HON'BLE |
1 issue framed by the court
Whether a second regular bail application should be granted absent any change in circumstances since the earlier rejection.
2 provisions across 2 enactments
SHAMNAS.K.SHAJI
STATE OF KERALA
THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THODUPUZHA
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
