Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 BAIL APPL. NO. 5603 OF 2021 CRIME NO. 18/2021 OF EXCISE RANGE OFFICE, VANDIPERIYAR, IDUKKI APPLICANT/ACCUSED NO. 1: SREEJITH AGED 23 YEARS S/O.JIJIKUTTAN, ELOOR HOUSE, MOSCO KARA, MOONNILAVU VILLAGE, MEENACHIL THALUK, KOTTAYAM DISTRICT. BY ADV. K.S.ARUNDAS RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. BY SRI. PRASANTH M.P., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl.No.5603 OF 2021 2
ORDER
This is the second application for bail moved by the first accused in Crime No. 18/2021 of Excise Range Office, Vandiperiyar, which was registered alleging offence under Sections 20(b)(ii)(B), 25 and 29 of the NDPS Act. The crime was registered after seizing 3.2 kgs of ganja from the possession of the petitioner on 07.06.2021. The learned counsel submits that he is in custody for the last 55 days; that he has no criminal antecedents to his credit.
2. But this statement has been rebutted by the learned
Public Prosecutor. According to him, there are two earlier NDPS Act cases, i.e., Crime No. 13/2017 of Vandiperiyar Excise Range and Crime No. 63/2018 of Udumbanchola Excise Range registered against him and that in both cases, the petitioner stands convicted. That means, he is virtually a habitual offender. It is true that the earlier application for bail was dismissed by this Court on 15.07.2021. Bail Appl.No.5603 OF 2021 3
3. Considering these aspects, since the source of
contraband is not yet traced and having regard to the criminal antecedents of the petitioner, he cannot be released on bail. The application is dismissed. Sd/- K.HARIPAL JUDGE DCS/02.08.2021