Shine vs State of Kerala

SHINE vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 28, 2023

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https://sooperkanoon.com/case/1387942

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Citation: sooperkanoon.com/1387942
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Nov 28, 2023
Case Number: Bail Appl./7812/2023

Parties & Advocates

Appellant / Petitioner

SHINE

Respondent

State of Kerala

Excerpt

.....anjana kannath respondent/s: state of kerala 1 represented by public prosecutor,high court of kerala, ernakulam, pin - 682031 station house officer chadayamangalam police station, kollam district -, pin - 691534 sri.m.c.ashi, public prosecutor this bail application having come up for admission on 28.11.2023, the court on the same day delivered the following:o r d e rthis is an application filed under section 439 of the code of criminal procedure, 1973, seeking regular bail.2. the petitioner is the second accused in crimeno.502/2023 of chadayamangalam police station, kollam district, for having committed offences punishable under sections 20(b)(ii)(c) and 29 of the narcotic drugs and psychotropic substances act (for short, the act).3. the prosecution case is that on 3.4.2023 at 1.15 pm,acting on a tip-off regarding illegal transportation of ganja, when the sub inspector of police, chadayamangalam and his party intercepted the vehicle bearing reg.no.kl 01/ck-2624 near nilamel sastha temple on the mc road, accused were found transporting 53.860 kilograms of ganja.4. the learned counsel appearing for the petitioner wouldsay that the petitioner is innocent and falsely implicated with ulterior motives. at any rate, he points out that the petitioner is in custody from 03.04.2023, and continued custody of the petitioner is unnecessary.5. the learned public prosecutor opposed the petition.6. after having considered the submissions of the learned counsel for the petitioner and the learned public prosecutor and considering the involvement of the petitioner as the driverof the vehicle which carried the contraband involving commercial quantity attracting the rigour of s.37 of the act, i am not inclined to consider the request for bail. accordingly, the bail application is dismissed. sd/- mohammed nias c.p. judge shg

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 BAIL APPL. NO. 7812 OF 2023 CRIME NO.502/2023 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT CRMC 1826/2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM PETITIONER/S: SHINE AGED 36 YEARS S/O.SELVAN, KIZHAKKUMKARA, PUTHENVEEDU, NEYYATINKARA, KOLLAYIL P.O, THIRUVANANTHAPURAM, PIN - 695503 BY ADVS. K.SIJU ANJANA KANNATH RESPONDENT/S: STATE OF KERALA 1 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 STATION HOUSE OFFICER CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT -, PIN - 691534 SRI.M.C.ASHI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

2. The petitioner is the second accused in crime

No.502/2023 of Chadayamangalam Police Station, Kollam district, for having committed offences punishable under Sections 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short, the Act).

3. The prosecution case is that on 3.4.2023 at 1.15 PM,

acting on a tip-off regarding illegal transportation of ganja, when the Sub Inspector of Police, Chadayamangalam and his party intercepted the vehicle bearing Reg.No.KL 01/CK-2624 near Nilamel Sastha Temple on the MC road, accused were found transporting 53.860 kilograms of ganja.

4. The learned counsel appearing for the petitioner would

say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 03.04.2023, and continued custody of the petitioner is unnecessary.

5. The learned Public Prosecutor opposed the petition.

6. After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the involvement of the petitioner as the driver

of the vehicle which carried the contraband involving commercial quantity attracting the rigour of S.37 of the Act, I am not inclined to consider the request for bail. Accordingly, the Bail Application is dismissed. Sd/- MOHAMMED NIAS C.P. JUDGE shg

Same Court & Year Kerala · 2023 Same Parties SHINE vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.