Kerala High Court
Mohammed Navab Shareef vs S.H.O., Kalpeni Police Station on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
BAIL APPL. NO. 4252 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 17/2021 OF DISTRICT COURT, KAVARATHY,
LAKSHADWEEP
PETITIONER:
MOHAMMED NAVAB SHAREEF,
AGED 23 YEARS
S/O.MOHAMMED RAFEEQ, KEELA ILLAM HOUSE, ANDROTH, PIN-682 551.
BY ADVS.
R.ROHITH
HARISHMA P. THAMPI
RESPONDENT:
S.H.O., KALPENI POLICE STATION,
REPRESENTED BY STANDING COUNSEL, UNION TERRITORY OF LAKSHADWEEP,
PIN-682 551.
OTHER PRESENT:
SCGC - SRI. MANU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl.No.4252 OF 2021
2
ORDER
This is an application for regular bail moved by the 2 nd accused in
Crime No. 3 of 2021 of Kalpeni police station in Union Territory of
Lakshadweep. The genesis of the crime is the seizure of 2.100 Kilograms of
ganja from Kalpeni island from the possession of 1 st accused, who was
arrested along with the contraband. While so, during the course of
investigation it came out that the petitioner was the person who had arranged
the supply the contraband to the 1st accused and thus he has been arrayed as
the 2nd accused and, on that basis, he was arrested on 18.05.2021 and since
then he is in judicial custody.
2. I heard the counsel for the petitioner and also the learned
Standing Counsel for the Union Territory of Lakshadweep.
3. The petitioner submits that he has been falsely implicated
on account of the fact that his name happened to be involved in a similar case
in 2019. He has no acquaintance with the 1 st accused. His custodial
interrogation is over and now he is in custody for more than 57 days.
4. The learned standing counsel has filed a statement also and
submits that the petitioner is the mastermind behind this crime, he is the
supplier of such narcotic drugs to different islands in Lakshadweep and even
earlier, in a crime, registered in Palakkad on similar grounds, he was arrested
Bail Appl.No.4252 OF 2021
and moved Bail Application No. 5448 of 2019, he was granted bail with the
specific condition that he shall not involve himself in such cases during the
period on bail.
5. After hearing counsel on both sides, it has come out that
during the course of investigation Section 27A of the NDPS Act also has
been incorporated. The mobile phone of the petitioner has been seized and
his voice clips have been sent for examination in forensic laboratory. As
rightly pointed out by the learned Standing Counsel, this is the second
instance noticed against him. That means, he is a repeater of the crime of
the same nature. To a great extent, people of Lakshadweep are averse to
such vices. Any attempt to malign the peace of serenity of the atmosphere
has to be viewed seriously. I do not think that such a person can be released
on bail at this stage. Investigation of the case is not yet progressed. The
application is liable to be dismissed.
Bail Application is dismissed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/16/07/2021
