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Suhail vs State of Kerala

Suhail vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 30, 2021
~2 min read
https://sooperkanoon.com/case/1650422

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./4217/2021

Parties & Advocates

Appellant / Petitioner

Suhail

Respondent

State of Kerala

Excerpt

n the high court of kerala at ernakulam present the honourable mr. justice k.haripal friday, the 30th day of july 2021 / 8th sravana, 1943 bail appl. no. 4217 of 2021 crime no. 06/2020 of excise range office, kuzhalmannam, palakkad petitioner/accused: suhail aged 26 years s/o. muhammed kutty, kadiyappuram house, athirumada desom, kalpakanchery village, tirur taluk, malappuram district. by advs. p.t.sheejish p.k.purush harikiran p.sreelakshmi a.abdul rahman (a-1917) jashitha vijayan akhila sridharan stephy grace raj respondent/state: state of kerala represented by the public prosecutor, high court of kerala, ernakulam - 682 031. by sri. santhosh peter, senior public prosecutor this bail application having come up for admission on 30.07.2021, the court on the same day delivered the following: bail appl.no.4217 of 2021 2orderpetitioner is the sole accused in crime no. 6/2020 of excise range office, kuzhalmannam, which was registered alleging offence under section 20(b)(ii)(c) and 63 of the ndps act. it is alleged that on 18.12.2020 at 6.00 p.m., he was found transporting 37.750 kgs of ganja and 1.050 kgs of hasish oil in a car bearing registration no. kl-55-ac-6983 and was intercepted by the excise inspector at kuzhalmannam junction. he was arrested along with the contraband and since then is in judicial custody.2. i heard the learned counsel on both sides.3. the learned public prosecutor has submitted that charge sheet has already been laid on 22.04.2021 and the case is pending before the sessions court, palakkad.4. as commercial quantity is involved, embargo undersection 37 of the ndps act is attracted and the petitioner is not entitled to get bail. bail appl.no.4217 of 2021 3 the application is dismissed. the learned sessions judge is requested to strive to try and dispose of the case at the earliest. sd/- k.haripal judge dcs/02.08.2021

Full Judgment

N THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 BAIL APPL. NO. 4217 OF 2021 CRIME NO. 06/2020 OF EXCISE RANGE OFFICE, KUZHALMANNAM, PALAKKAD PETITIONER/ACCUSED: SUHAIL AGED 26 YEARS S/O. MUHAMMED KUTTY, KADIYAPPURAM HOUSE, ATHIRUMADA DESOM, KALPAKANCHERY VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADVS. P.T.SHEEJISH P.K.PURUSH HARIKIRAN P.SREELAKSHMI A.ABDUL RAHMAN (A-1917) JASHITHA VIJAYAN AKHILA SRIDHARAN STEPHY GRACE RAJ RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY SRI. SANTHOSH PETER, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl.No.4217 OF 2021 2

ORDER

Petitioner is the sole accused in Crime No. 6/2020 of Excise Range Office, Kuzhalmannam, which was registered alleging offence under Section 20(b)(ii)(C) and 63 of the NDPS Act. It is alleged that on 18.12.2020 at 6.00 P.M., he was found transporting 37.750 kgs of ganja and 1.050 kgs of hasish oil in a car bearing Registration No. KL-55-AC-6983 and was intercepted by the Excise Inspector at Kuzhalmannam junction. He was arrested along with the contraband and since then is in judicial custody.

2. I heard the learned counsel on both sides.

3. The learned Public Prosecutor has submitted that charge sheet has already been laid on 22.04.2021 and the case is pending before the Sessions Court, Palakkad.

4. As commercial quantity is involved, embargo under

Section 37 of the NDPS Act is attracted and the petitioner is not entitled to get bail. Bail Appl.No.4217 OF 2021 3 The application is dismissed. The learned Sessions Judge is requested to strive to try and dispose of the case at the earliest. SD/- K.HARIPAL JUDGE DCS/02.08.2021

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