Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943 BAIL APPL. NO. 9290 OF 2021 CRIME NO.404/2021 OF THE PUDUKKAD POLICE STATION, THRISSUR DISTRICT PETITIONER/1ST ACCUSED: ARUN, AGED 27 YEARS S/O. PREMADAS, IDATHODI HOUSE, PARUTHIPARA DESOM, SHORNUR VILLAGE, SHORNUR P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT 679 121. BY ADV N.L.BITTO RESPONDENT/STATE OF KERALA: THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. SRI. ANAS K.A. (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: GOPINATH.P, J ---------------------------------------------------- ----------------------------------------------------- Dated this the 27th day of January, 2022
ORDER
Petitioner is the first accused in Crime No.404/2021 of Pudukkad Police Station, Thrissur District alleging commission of offences under Sections 20(b)(ii)C, 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The allegation against the petitioner is that on 01.08.2021
at about 2:15 p.m., the petitioner along with the other accused were found transporting 154.3kg of ganja in a tempo bearing registration No.KL-58-T-2312 near the toll plaza at Amballur, Thrissur.
3. Learned counsel for the petitioner submits that the
petitioner was arrested on 01.08.2021 and continues to be in custody. It is submitted that the petitioner is absolutely innocent in the matter and has been roped in on the basis of some misunderstanding. It is submitted that the petitioner is only 27 years old and was married recently and that there are no antecedents reported against the petitioner. It is submitted that since the continued detention of the
petitioner is not necessary for the purposes of any investigation, he may be directed to be released on bail especially considering his long period of incarceration.
4. Learned Public Prosecutor vehemently opposes the grant of
bail. He submits that the drugs seized is in commercial quantities. He submits that the long incarceration of the petitioner is no ground to grant bail going by provisions of Section 37 of the NDPS Act. It is submitted that there are no materials whatsoever for this Court to reasonably believe that the petitioner is not guilty of the offence alleged against him. It is submitted that the petitioner was the driver of the vehicle which ganja was seized and that the ganja was seized from a secret chamber created in the vehicle in question.
5. Taking note of the provisions of Section 37 of the NDPS Act and the submissions of the learned Public Prosecutor, I find no reason to hold that the petitioner is entitled to bail.
6. In the result, the bail application will stand dismissed. Sd/-GOPINATH.P JUDGE lsn