Sajith, vs Narcotic Control Bureau,

Type Court Judgment Court Kerala Decided Oct 31, 2023

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Citation: sooperkanoon.com/1372227
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Oct 31, 2023
Case Number: Bail Appl./5477/2023

Parties & Advocates

Appellant / Petitioner

Sajith,

Respondent

Narcotic Control Bureau,

Excerpt

.....having come up for admission on 31.10.2023, the court on the same day delivered the following: ..2..mohammed nias c.p., j.--------------------- --------------------------- dated this the 31st day of october, 2023orderthis application is filed under section 439 of the code of criminal procedure, seeking regular bail.2. the petitioner is the 1st accused in o.r.no. 1/2022 ofnarcotic control bureau, sub zone, cochin, for having allegedly committed offences punishable under section 8(c) read with section 22(c) & 29 of the narcotic drugs & psychotropic substances act, 1985.3. the allegation is that on on 09.11.2021 at about 12.30 hours, the petitioner was found in possession of 80 grams of mdma and thereby committed the offence.4. on 05/10/2023, a report was called for from the additionaldistrict & sessions court-ii, thiruvananthapuram as to the probable time for the completion of the trial. at that time, the court below on under 173(8) of cr.p.c. and no further report was filed after that. accordingly, this court passed an order on 10/10/2023 granting 20 days ..3.. more time from 10/10/2023 to file the final report. the learned counsel for the respondent submits that the final report was filed on 28/10/2023. accordingly, i am not inclined to consider this application on merits. learned counsel for the petitioner submits that the further extension of time granted by court below for filing the additional report was illegal. i am not inclined to consider the correctness of the said contention at this stage. it will be open to the petitioner to canvas the same before the trial court, if so advised. the court concerned will stick to the timeline indicated in the report dated 07/10/2023 and will make every endeavour to complete the trial within six months from 28/10/2023. if the trial is not completed within the said time, it will be open to the petitioner to apply for bail from the court concerned. the bail application is closed. sd/- mohammed nias c.p. judge apa

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 BAIL APPL. NO. 5477 OF 2023 AGAINST THE ORDER/JUDGMENT SC 1065/2022 OF II ADDITIONAL DISTRICT COURT,THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.1: SAJITH, AGED 25 YEARS, S/O SUNIL KUMAR, RESIDING AT KAVUVILAKATHU VEEDU, KAIPALLY NAGAR, CHITTATTUMUKKU, MENAMKULAM, KAZHAKUTTOM P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695582 J.R.PREM NAVAZ SUMEEN S. RESPONDENT/STATE: NARCOTIC CONTROL BUREAU SUB ZONE, COCHIN, REPRESENTED BY THE STANDING COUNCEL, HIGH COURT OF KERALA, ERNAKULUM,, PIN - 682031 PUBLIC PROSECUTOR SRI.RAJAGOPALAN NAIR.K.R., CGC SMT. T.V. NEEMA, (SR. PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C.P., J.
--------------------- --------------------------- Dated this the 31st day of October, 2023

ORDER

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

2. The petitioner is the 1st accused in O.R.No. 1/2022 of

Narcotic Control Bureau, Sub Zone, Cochin, for having allegedly committed offences punishable under Section 8(c) read with Section 22(c) & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

3. The allegation is that on on 09.11.2021 at about 12.30 hours, the petitioner was found in possession of 80 grams of MDMA and thereby committed the offence.

4. On 05/10/2023, a report was called for from the Additional

District & Sessions Court-II, Thiruvananthapuram as to the probable time for the completion of the trial. At that time, the court below on under 173(8) of Cr.P.C. and no further report was filed after that. Accordingly, this Court passed an order on 10/10/2023 granting 20 days ..3.. more time from 10/10/2023 to file the final report. The learned counsel for the respondent submits that the final report was filed on 28/10/2023. Accordingly, I am not inclined to consider this application on merits. Learned counsel for the petitioner submits that the further extension of time granted by court below for filing the additional report was illegal. I am not inclined to consider the correctness of the said contention at this stage. It will be open to the petitioner to canvas the same before the Trial Court, if so advised. The Court concerned will stick to the timeline indicated in the report dated 07/10/2023 and will make every endeavour to complete the trial within six months from 28/10/2023. If the trial is not completed within the said time, it will be open to the petitioner to apply for bail from the Court concerned. The bail application is closed. Sd/- MOHAMMED NIAS C.P. JUDGE APA

Same Court & Year Kerala · 2023 Same Parties Sajith, vs Narcotic Control Bureau, Same Judge Honourable Mr.Justice Mohammed Nias C.P.