Third regular bail application by accused No.3 in an NDPS case involving commercial quantity of methamphetamine seized at Angamaly. Court held Section 42 was substantially complied with, Section 41(2) does not require written authorisation, no reasonable grounds for bail; application dismissed.
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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. 413 OF 2024
CRIME NO.710/2022 OF Angamali Police Station, Ernakulam AGAINST THE ORDER Bail Appl. NO.8454 OF 2023 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.3:
MUHAMMED ANSAR, AGED 27 YEARS S/O. ABDUL KHADER,CHALIL HOUSE,NEAR KMJ JUMA MASJID,KUZHIVELIPPADY,EDATHALA,ALUVA EAST VILLAGE,ERNAKULAM DISTRICT, PIN - 683561
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
2 THE STATION HOUSE OFFICER, ANGAMALY POLICE STATION,ERNAKULAM DISTRICT, PIN – 683572
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.
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the applicant and Smt. Nima Jacob, the learned Public Prosecutor. Perused the case diary.
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Nos. 1 to 4 from Bangalore. Thus the total quantity involved is a commercial quantity. 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 the NDPS Act. Bail can be granted in a case where there are reasonable grounds for believing that the accused is not guilty of such offence and that his is not likely to commit any offence while on bail.
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That apart, whether a written authorisation was there or not is all matter of evidence which can only be decided at the time of trial.
Thus, I find no merit in the submission of the learned counsel.
Considering the gravity of the offences and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application is hence dismissed.
Sd/- DR. KAUSER EDAPPAGATH
JUDGE
kp
B.A.No.413/2024
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APPENDIX OF BAIL APPL. 413/2024
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED 17-10-2023 IN BAIL APPL.8454/2023 ON HIGH COURT
Annexure 2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 710 OF 2022 OF ANGAMALY POLICE STATION, ERNAKULAM DISTRICT
Annexure 3 TRUE COPY OF THE SEIZURE MAHAZAR DATED 08.07.2022 IN CRIME NO. 710 OF 2022 OF ANGAMALY POLICE STATION; ERNAKULAM DISTRICT
Annexure 4 TRUE COPY OF THE SEIZURE MAHAZAR DATED 09.07.2022 IN CRIME NO. 710 OF 2022 OF ANGAMALY POLICE STATION; ERNAKULAM
Annexure 5 TRUE COPY OF THE ORDER DATED 01.09.2023 IN B.A. NO. 6198/2023 PASSED BY THIS HONORABLE COURT
Annexure 6 TRUE COPY OF THE SCREEN SHOT OF COURTS PROCEEDINGS DATED 22.12.2023 IN SC.NO.1323/2022 ON THE FILE OF THE ADDITIONAL SESSIONS COURT , NORTH PARAVOOR
Annexure 7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER AND HIS BRIDE BEFORE THE SUB REGISTRAR OFFICE
Annexure 8 TRUE COPY OF THE INTERIM ORDER DATED 12.12.2023 IN B.A.NO. 1990 /2023 PASSED BY THIS HON'BLE COURT
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Annexure 9 TRUE COPY OF THE INTERIM ORDER DATED 30.11.2023 IN BA NO. 9666/2023 PASSED BY THIS HON'BLE COURT
Annexure 10 TRUE COPY OF THE INTERIM ORDER DATED 25.05.2023 IN BA NO. 4068/2023 PASSED BY THIS HON'BLE COURT
2 issues framed by the court
Whether accused No.3 is entitled to regular bail under Section 439 CrPC in an NDPS case involving commercial quantity.
Whether non-compliance with Section 41(2) NDPS Act (absence of written authorisation by Dy.S.P.) warrants bail.
6 provisions across 2 enactments
Muhammed Ansar
State of Kerala
Station House Officer, Angamaly Police Station
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
