Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945 BAIL APPL. NO. 7133 OF 2023 Crime No. 14/2023 of Mananthavady Excise Range, Wayanad PETITIONER/ACCUSED: RAJEEV P, AGED 41 YEARS, S/O. KARTHYANI, MELE EECHAMBATTIL HOUSE, KANNIPPARAMBA POST, PADARUKULANGARA DESOM, MAVOOR VILLAGE, KOZHIKODE TALUK, KOZHIKODE., PIN - 673661 BY ADV GAYATHRI KRISHNAN RESPONDENT/S: 1 STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 EXCISE INSPECTOREXCISE RANGE OFFICE, MANANTHAVADY, WAYANAD., PIN - 670645 OTHER PRESENT: ADV. SREEJA V - SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No. 14/2023 of Mananthavady Excise Range, Wayanad. The offences alleged against the petitioner are punishable under Sections 8(c) read with 20(b) (ii)(c) of the NDPS Act
3. The prosecution case is that, on 12.02.2023, when the
excise officials were conducting their routine vehicle checking at the excise check post, Tholpetty, and when they intercepted a KSRTC bus as part of the same, they found the accused in possession of Ganja weighing 29.2 kilograms. The petitioner was arrested and the contraband articles were seized on the same day. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.
4. Heard, Smt. Gayathri Krishnan, the learned counsel appearing for the petitioner and Smt.Sreeja V, the learned Public Prosecutor, appearing for the State.
5. I have gone through the records. Even though the
learned counsel for the petitioner submits that he is innocent of all the allegations, the perusal of the records produced before this Court would give a different impression. The petitioner was arrested along with the contraband articles. The learned Public Prosecutor pointed out that, as per the prosecution case, the contraband articles were found in two bags, one kept on his lap and the other one was kept close to his legs, while he was travelling in the bus. The records would indicate that, both the said bags were locked and the same were opened using the keys kept in his pockets. Thus it is seen that there is a strong prima faice case against the petitioner. The quantity involved is commercial and therefore, the rigour under Section 37 of the NDPS Act is applicable. When examining the materials placed before this Court, there is absolutely nothing to record the satisfaction of the dual conditions contemplated in the said provision. In such circumstances, I do not find any merit in this application and accordingly, it is dismissed. Sd/- ZIYAD RAHMAN A.A JUDGE rpk