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Sajeev @ Babu vs State of Kerala

Sajeev @ Babu vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 01, 2023
~2 min read
https://sooperkanoon.com/case/1342109

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./1767/2023

Parties & Advocates

Appellant / Petitioner

Sajeev @ Babu

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a. badharudeen thursday, the 1st day of june 2023 / 11th jyaishta, 1945 against the order/judgment sc 553/2021 of additional district court & sessions court - v, thiruvananthapuram crime no.10 of 2020 of excise enforcement and anti narcotic special squad, thiruvananthapuram petitioner/accused no.7:sajeev @ babu aged 48 years s/o. chatakutti, 7th cross, nimishamba extension, kuvempu nagar, mysuru district, karnataka state., pin - 570023 by advs. t.u.sujith kumar dinesh g warrier respondent/state & complainant: 1 state of kerala represented by its public prosecutor, high court of kerala, ernakulam district., pin - 682031 2 the assistant excise commissioner excise enforcement and anti narcotic special squad, thiruvananthapuram., pin - 695001 t v neema sr.pp this bail application having come up for admission on 01.06.2023, the court on the same day delivered the following:ordergoing by the records, it is noticed that earlier this court issued direction to dispose of the same within a period of six months and thereafter, this court extended the period of disposal within six months from the date of assumption of charge by the new officer in the court since it has been reported by the judge in charge that no permanent judge holding the office of the special judge. now the new special judge joined. therefore, there shall be a direction to the special judge to try and dispose of the matter within six months as directed by this court earlier without fail. since the matter involves commercial quantity of (500 kgs) ganja, this bail application cannot be considered without satisfying conditions under section 37 of the ndps act. in view of the above, directing the early disposal as herein above, this petition stands closed with liberty to the petitioner to move this court if the trial could not be materialised within a period of six months as above. sd/- a. badharudeen judge nak

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 AGAINST THE ORDER/JUDGMENT SC 553/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, THIRUVANANTHAPURAM CRIME NO.10 OF 2020 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.7:

SAJEEV @ BABU AGED 48 YEARS S/O. CHATAKUTTI, 7TH CROSS, NIMISHAMBA EXTENSION, KUVEMPU NAGAR, MYSURU DISTRICT, KARNATAKA STATE., PIN - 570023 BY ADVS. T.U.SUJITH KUMAR DINESH G WARRIER RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT., PIN - 682031 2 THE ASSISTANT EXCISE COMMISSIONER EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM., PIN - 695001 T V NEEMA SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Going by the records, it is noticed that earlier this Court issued direction to dispose of the same within a period of six months and thereafter, this Court extended the period of disposal within six months from the date of assumption of charge by the new officer in the Court since it has been reported by the Judge in charge that no permanent Judge holding the office of the Special Judge. Now the new Special Judge joined. Therefore, there shall be a direction to the Special Judge to try and dispose of the matter within six months as directed by this Court earlier without fail. Since the matter involves commercial quantity of (500 Kgs) Ganja, this bail application cannot be considered without satisfying conditions under Section 37 of the NDPS Act. In view of the above, directing the early disposal as herein above, this petition stands closed with liberty to the petitioner to move this Court if the trial could not be materialised within a period of six months as above. Sd/- A. BADHARUDEEN JUDGE nak

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