Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945 CRIME NO.348/2023 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM DISTRICT PETITIONER/ACCUSED NO.7: ABDUL SAMAD, AGED 28 YEARS S/O. ABOOBAKER, SAMATHIYA MANZIL, KAYYAR, UPPALA, KASARGOD DISTRICT -, PIN - 671322 BY ADVS. RASHEED C.NOORANAD R.AJAYGHOSH RESPONDENT/STATE AND COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. 2 STATION HOUSE OFFICER KARAMANA POLICE STATION, THRIUVANANTHAPURAM DISTRICT, PIN - 695002.
OTHER PRESENT: SMT.S.SEETHA-SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ZIYAD RAHMAN, A.A, J BA No. 6348 of 2023 Dated this the 4th day of August, 2023
ORDER
This is an application for Regular bail.
2. The petitioner is the 7th accused in Crime No.348/2023 of Karamana Police Station, Thiruvananthapuram District. The offences alleged against the petitioner are under Sections 22(C ), 29 & 27 (1) of the NDPS Act.
3. The prosecution case is that, on 21.04.2023, at 1.40 pm, the
accused 1 to 5, were found at Killi Tourise Home at Killipalam with 27.020 gms of Methamphetamine in room No.112. On the basis of the information received from the first accused, a further inspection was conducted in the residence of the first accused which led to the recovery of 44.11 grams of Methamphetamine.
4. The crime was registered in such circumstances. During the
course of investigation, it was revealed that contraband article was supplied by the petitioner and he was implicated as the 7 th accused. The petitioner was arrested on 12.05.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.
5. Heard Sri.Rasheed C Nooranad, the learned counsel appearing for the petitioners and Smt.Seetha S, the learned Senior Public Prosecutor appearing for the State.
6. The learned counsel for the petitioner submits that the petitioner is
innocent of all the allegations and he was falsely implicated in the said case. According to him, absolutely no materials are available to show the complicity of the petitioner .
7. On the other hand, the learned Public Prosecutor opposed the said
application by pointing that, the petitioner was arrested, as it was revealed during the course of investigation that, he was in regular contact with the 1, 2 and 6th accused. In addition to that, there were several monetary transactions in between the parties. The petitioner is also having criminal antecedents as he was involved in Crime No.9/2021 of Excise Enforcement and Anti Narcotic Special Squad, Vanchiyoor, Thiruvananthapuram. It was also registered for having in possession of psychotropic substances in commercial quantity. Therefore, dismissal of the said application was sought.
8. I have carefully gone through the records. From the materials
placed on record, there are certain indications of the involvement of the petitioner. As rightly pointed out by the learned Public Prosecutor that, the petitioner was in regular contact with the other accused persons and there were
several monetary transactions as well. The matter is even now under investigation and the petitioner is also having criminal antecedents of similar nature. Since the quantity involved is commercial, the rigour under Section 37 of the NDPS Act would come into play. After going through the materials placed on record, I am unable to find anything to record the satisfaction of the twin conditions contemplated under Section 37 of the NDPS Act. There is a prima facie case against the petitioner and he has criminal antecedents.
In such circumstances, I do not find this is a fit case in which bail can be granted to the petitioner. Accordingly, this bail application fails and is dismissed. sd/- ZIYAD RAHMAN, A.A, JUDGE R.AV