Nishad vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 20, 2023

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Citation: sooperkanoon.com/1361251
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jul 20, 2023
Case Number: Bail Appl./4061/2023

Parties & Advocates

Appellant / Petitioner

Nishad

Respondent

State of Kerala

Excerpt

.....been in custody 06.02.2023 and he has no criminal antecedents as well. therefore, release of the petitioner was sought.5. the learned public prosecutor on the other hand opposes the application by pointing out that the petitioner wasfound along with contraband article. all the legal formalities, required to be complied with as per the provisions of the ndps act have been fulfilled. the matter is even now under investigation.6. i have gone through the records. from the materials,it is evident that, the petitioner was driving the vehicle at the relevant time. the quantity involved is huge and comes under the category of commercial quantity to which rigour under section 37 of the ndps act would be applicable. a prima facie case is made out from the materials placed on record, i do not find any :4 : justifiable reason to grant bail to the petitioner. particularly because, there is nothing on record to enable this court to arrive at a satisfaction as to the dual conditions contemplated under section 37 of the ndps act. in such circumstances, i do not find any merit in this application and accordingly it is dismissed. sd/- ziyad rahman a.a. judge ncd :5 : appendix of bail appl. 4061/2023 petitioner annexures annexure a1 the copy of the order in crl.m.c no. of sessions court, kollam

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945 BAIL APPL. NO. 4061 OF 2023 CRIME NO.136/2023 OF THENMALA POLICE STATION PETITIONER/2ND ACCUSED: NISHAD AGED 35 YEARS S/O. NAZAR, AALLUCHIRAYIL VEEDU, ULIYAKOVIL P.O, KOLLAM, PIN - 691019 BY ADVS. PRATHEESH.P ANJANA KANNATH RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE THENMALA POLICE STATION, KOLLAM DISTRICT, PIN - ADV. SREEJA V - SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :

ORDER

Dated this the 20th day of July, 2023 The petitioner is the accused in crime No.136/2023 of Thenmala Police Station, which was registered for the offence punishable under Section 22(b)(ii)C of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

2. The prosecution case is that, on the basis of secret

information received, the Inspector of Police, Thenmala Police Station intercepted the vehicle bearing registration No.KL-02-BS- 1491 on 06.02.2023 at 3.30 p.m. Thereupon, the petitioner and another person were found transporting 25.586 kg of Ganja in the said vehicle. The contraband article was seized and the petitioner and the other accused were arrested on the same day. Since then the petitioner has been under judicial detention. This application for regular bail is submitted in such circumstances.

3. Heard Sri. Pratheesh P., the learned counsel appearing for the petitioner and Smt. Sreeja V., the learned Senior Public Prosecutor for the State. :3 :

4. The learned counsel for the petitioner submits that the

petitioner is innocent of all the allegations. According to him, he was falsely implicated and he was only the driver of the vehicle which was carrying vegetables and was not aware that the contraband articles were placed along with vegetables. It is pointed out that the petitioner has been in custody 06.02.2023 and he has no criminal antecedents as well. Therefore, release of the petitioner was sought.

5. The learned Public Prosecutor on the other hand opposes the application by pointing out that the petitioner was

found along with contraband article. All the legal formalities, required to be complied with as per the provisions of the NDPS Act have been fulfilled. The matter is even now under investigation.

6. I have gone through the records. From the materials,

it is evident that, the petitioner was driving the vehicle at the relevant time. The quantity involved is huge and comes under the category of commercial quantity to which rigour under Section 37 of the NDPS Act would be applicable. A prima facie case is made out from the materials placed on record, I do not find any :4 : justifiable reason to grant bail to the petitioner. Particularly because, there is nothing on record to enable this Court to arrive at a satisfaction as to the dual conditions contemplated under Section 37 of the NDPS Act. In such circumstances, I do not find any merit in this application and accordingly it is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd :5 : APPENDIX OF BAIL APPL. 4061/2023 PETITIONER ANNEXURES Annexure A1 THE COPY OF THE ORDER IN CRL.M.C NO. OF SESSIONS COURT, KOLLAM

Same Court & Year Kerala Orders · 2023 Same Parties Nishad vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.