Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 CRIME NO.695/2020 OF Kondotty Police Station, Malappuram PETITIONER/S: HANEEFA AGED 25 YEARS THARAKAN HOUSE, VALAVANNUR, KANMANAM, THEKKUMMURI POST, MALAPPURAM DISTRICT. BY ADV. SMT.SAHEERA RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 29th day of January 2021 Application for regular bail under Section 439 Cr.P.C. The applicant is the second accused in Crime No.695/2020 of Kondotty Police Station, Malappuram, for having allegedly committed offences punishable under Sections 20(b)(ii)C and 29(i) of the Narcotic Drugs and Psychotropic Substances Act.
2. The prosecution case, in brief, is that on
17.10.2020 at about 8.30 p.m, the applicant and the 1st accused were travelling in a RITZ Car bearing Reg.No.KL 71A 4786 and they were intercepted by the police at Kodanad and on search 25.50 Kgs of ganja was recovered. The first accused managed to flee and he is still at large. The applicant was arrested and remanded to judicial custody on 18.10.2020 and continues to be remand.
3. The applicant states that he is innocent and the allegations are not true and that he has got nothing to do with the ganja which was allegedly recovered from the car and that he has
no criminal antecedents, he is willing to co- operate with the investigation, therefore he seeks regular bail since he has been in custody for a fairly long time.
4. Heard the learned counsel for the applicant and the learned Public Prosecutor.
5. The applicant was caught red handed while
he was involved in transporting ganja in a car and the first accused who was accompanying him managed to flee. The applicant was however apprehended and was remanded to judicial custody. The allegation that he had nothing to do with the car or the contraband articles are matters for evidence. In view of the fact that the applicant was caught red
handed with commercial quantity of ganja, the embargo under Section 37(1)(b)(ii) of NDPS Act would squarely apply to this case and there are no reasonable grounds to believe that the applicant is not guilty nor is there reason to believe that the applicant may not get involved in offences of similar nature. Hence, the application for bail is only to be dismissed. Sd/- ASHOK MENON JUDGE SPK