Saidali vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Nov 30, 2023

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Citation: sooperkanoon.com/1393116
Court: Kerala Orders High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Nov 30, 2023
Case Number: Bail Appl./8545/2023

Parties & Advocates

Appellant / Petitioner

Saidali

Respondent

State of Kerala

Excerpt

.....that prima facie there are materials on record to show the involvement of the applicant in the crime. the quantity involved is a commercial quantity. the applicant along with the accused nos.1 and 3 were travelling in the car. 204.4 grams of mdma was seized from the boot of the car. on conducting search on the body of the applicant, 2.1 grams of mdma was also seized. the investigation conducted so far reveals that all the accused transported mdma from bangalore for the purpose of sale. since the quantity involved is a commercial quantity, the jurisdiction of this court to grant bail is circumscribed by the provisions of section 37 of ndps act. bail can be granted in a case where there are reasonable ground for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. the applicant has not been able to point out the- : 4 :-existence of any such facts and circumstances as are sufficient to justify recording a finding that he is not guilty of the offences charged. having considered the submission and after having gone through the materials on record and also the gravity of the offence, i am of the view that the applicant cannot be released on bail at this stage. the bail application, accordingly, is dismissed.sd/- dr.kauser edappagath, judge as

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, CRIME NO.399/2023 OF CHAVARA SOUTH POLICE STATION, KOLLAM PETITIONER/ACCUSED NO.2: SAIDALI AGED 21 YEARS S/O LATHEEF, SAIDALI VILLA, UMAYANALLOOR KOLLAM ., PIN - 691589 BY ADV C.S.SUMESH RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 OTHER PRESENT: T.V.NEEMA,SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: - : 2 :-

ORDER

'This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

2. The applicant is the accused No.2 in Crime No.399/2023 of Chavara Police Station. The offences alleged are punishable under Sections 22(c), 20(b)(ii) A and 29 of the NDPS Act, 1985.

3. The prosecution case, in short, is that on 08/03/2023 at

around 01.30 a.m. at Chavara, the applicant along with the remaining accused were found in possession of 207.9 grams of MDMA and 34.6 grams of ganja which they transported from Bangalore and thereby committed the offences.

4. I have heard Sri.C.S.Sumesh, the learned counsel for the applicant and Smt.T.V.Neema, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the

applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled - : 3 :- to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

08.03.2023. A perusal of the case diary would reveal that prima facie there are materials on record to show the involvement of the applicant in the crime. The quantity involved is a commercial quantity. The applicant along with the accused Nos.1 and 3 were travelling in the car. 204.4 grams of MDMA was seized from the boot of the car. On conducting search on the body of the applicant, 2.1 grams of MDMA was also seized. The investigation conducted so far reveals that all the accused transported MDMA from Bangalore for the purpose of sale. Since the quantity involved is a commercial quantity, the jurisdiction of this Court to grant bail is circumscribed by the provisions of Section 37 of NDPS Act. Bail can be granted in a case where there are reasonable ground for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. The applicant has not been able to point out the

- : 4 :-

existence of any such facts and circumstances as are sufficient to justify recording a finding that he is not guilty of the offences charged. Having considered the submission and after having gone through the materials on record and also the gravity of the offence, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS

Same Court & Year Kerala Orders · 2023 Same Parties Saidali vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath