Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943 BAIL APPL. NO. 1071 OF 2022 Crime No.1240/2021 of Vatakara Police Station, Kozhikode PETITIONER/ACCUSED: SHIRAS MOIDEEN AGED 22 YEARS S/O.ABOOBACKER KALATHIL THAZHA, ARAFA ANAKULAM,KOILANDI PIN - 673307 BY ADVS. K.REEHA KHADER RESHMA R.NAIR
RESPONDENT/COMPLAINANT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM, PIN - 682031. BY SRI ANAS K A Public Prosecutor (FOR ADGP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
ORDER
This is an application for regular bail filed by the accused in Crime No.1240/2021 of Vatakara Police Station, Kozhikode.
2. The offences alleged are under Sections 22(c) and 20(b)(ii)A of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case in short is that, on 27.11.2021, the petitioner was found in possession of 19.96 gms. of MDMA and 1.42 gms. of Hashish and thereby committed the offences.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been
falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.
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6. The petitioner was arrested on 27.11.2021 and
since then he is in judicial custody. The case diary reveals that prima facie there are materials on record to show the involvement of the petitioner in the crime. The quantity involved is a commercial quantity. Since the quantity involved is commercial quantity, the jurisdiction of this Court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. The bail can be granted only in a case where there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.
7. Having heard the submission of the learned counsel
for the petitioner Smt.Reeha Khader and also the learned Public Prosecutor Sri.Anas.K.A., I am afraid that there are no substantial or probable causes for believing that the petitioner is not guilty of the offences charged. The petitioner has not been able to point out the existence of any such facts or circumstances as are sufficient to justify recording that he is not guilty of the offences charged. Considering the gravity of
..4.. the offences and circumstances mentioned above, I am of the view that the petitioner cannot be released on bail at this stage. The application is only to be dismissed. In the result, the bail application is dismissed. Sd/- DR.KAUSER EDAPPAGATH, JUDGE skj