Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA, BAIL APPL. NO. 9289 OF 2022 PETITIONER/ACCUSED NO.2: NIYAS AGED 36 YEARS S/O HABEEB N N, COTTAGE, KADATHOOR P.O., THAZHAVA, KARUNAGAPALLY, KOLLAM PIN - 690523 BY ADVS. BASIL CHANDY VAVACHAN CHARUTHA BHAIJU GEORGIE SIMON CHANDHANA BHAIJU BASIL SAJAN BASIL SCARIA RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY SMT.NIMA JACOB (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appln. No. 9289 of 2022 2
VIJU ABRAHAM , J.
=========================== Bail Appln. No. 9289 of 2022 ============================ Dated this the 30th day of November, 2022
ORDER
This is an application for regular bail.
2. Petitioner is the 2nd accused in Crime No. 42/2022 of
Excise Enforcement & Anti Narcotic Special Squad, Kollam alleging commission of offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case is that, on 15/09/2022, at 4:20
PM near SBI Junction at Vavvakkavu, 1st accused was found in possession of 14.100 kilograms of ganja which was found transported in a scooter bearing Registration No. KL-23-S 1151 in violation to the Act. Upon investigation, it was revealed that the 2nd accused entrusted the ganja to 1st accused for sale. The investigation further revealed that both the accused are engaged in the sale and distribution of ganja and thereby the petitioner has committed the alleged offence.
4. The petitioner submitted that he is totally innocent of the charges levelled against him and nothing was seized from
Bail Appln. No. 9289 of 2022 3 his possession. He has been arrayed as an accused only based on the confession statement of the 1 st accused. It is further submitted that the 1st accused is already granted bail as per Annexure A1 order. Petitioner submitted that he is in custody from 27.10.2022. The investigation is practically over and his further detention is not required for the purpose of investigaton.
5. Learned Public Prosecutor opposed the application for
bail mainly contending that 14.100 kgs of ganja was found transported in a scooter by the 1st accused and he was arrested on the spot along with the alleged contraband. Based on the statement, the alleged contraband was handed over to him by the petitioner herein. The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner is a habitual offender and that he is involved in two other NDPS cases: Crime No. 13/2022 and Crime No.344/2022. It is further submitted that he is involved in six other criminal cases also. The learned Public Prosecutor further submitted that investigation is going on.
6. I have granted bail to the 1 st accused taking note of
the fact that he has no other criminal antecedents. Considering the seriousness of the allegation and that the petitioner is involved in several other cases including two Bail Appln. No. 9289 of 2022 4 other NDPS cases, I am not inclined to grant bail to the petitioner at this stage. Accordingly the above bail application is dismissed. Sd/- VIJU ABRAHAM JUDGE sbk/-