Akshay N.J vs Excise Inspector
2021 Latest Caselaw 20476 Ker

BAIL APPL. NO. 6227 OF 2021                   1

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MRS. JUSTICE SHIRCY V.

                FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943

                               BAIL APPL. NO. 6227 OF 2021

  AGAINST THE ORDER/JUDGMENT IN CRMP 2701/2020 OF DISTRICT & SESSIONS COURT,

                                ALAPPUZHA, ALAPPUZHA

          (CRIME NO.20/2020 OF EXCISE RANGE OFFICE, KUTHIYATHODE DISTRICT)

PETITIONER/ACCUSED NO.2

               AKSHAY N.J.,
               AGED 19 YEARS
               S/O. JANAME JAYAN, NJAREKATTU HOUSE, EDAKOCHI P.O., KOCHI-682010.
               BY ADVS.
               K.S.SREERAJ
               SYAM K.P.


RESPONDENT/STATE

      1        EXCISE INSPECTOR,
               EXCISE RANGE OFFICE, KUTHIYATHODE.
      2        STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM-682031.

OTHER PRESENT:

               SRI.MANU.P.G- SR.PP



      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6227 OF 2021             2




                                   ORDER

This successive application for bail is filed by the petitioner who is

the second accused in Crime No.20/2020 of Kuthiyathode Excise Range

registered for the offences punishable under sections 22( b), 22 (C),

20(b)(ii) A, 25 and 29 of the NDPS Act.

2. The prosecution allegation is that on 20.10.2020 some

youngsters were found in possession of narcotic drugs near a waiting

shed at Keltron Ferry in Arur, and they were intercepted and seized 170

mg of LSD stamp, 630 mg of MDMA, 2.98 gm of hashish oil and 14 gms

of ganja. All the accused were arrested with the contraband and their

motor cycles.

3. The learned counsel for the petitioner would submits that the

case was actually manipulated by the excise officials and this petitioner

aged 19 years is undergoing unnecessary incarceration since

20.10.2020. The petitioner is suffering from some kind illness and he is

not getting proper treatment from the jail. Hence, this application.

4. The learned Public Prosecutor has submitted that commercial

quantity of drugs were seized from the possession of the petitioner and

the other accused. Now the investigation is over and charge sheet has

been submitted before the court below.

5. Heard both sides.

6. It is true that this petitioner is aged only 19 years. This bail

application is moved by the petitioner highlighting his illness. But

except Annexure A5 an O.P ticket dated 31.7.2021, no document is

available to show that the petitioner is suffering from hemorrhoid and

he had to continue treatment for the same. Now the case stands

posted for evidence. Granting of bail for treatment can be considered

on the basis of medical certificates. Here as such no such documents

are available.

7. The learned Public Prosecutor has submitted that if he is

having any illness proper treatment will be provided to him and , on

medical ground this petitioner is not entitled for bail. As the request

for bail is only on medical ground nothing has been argued by the

learned counsel on merits regarding the case. Moreover this Court while

considering his bail application on the earlier occasion observed that

the petitioner is not entitled to be released on bail as he has not

satisfied the twin conditions required under Section 37 of the NDPS Act

as commercial quantity of narcotic drugs is involved in this case.

8. Since the learned counsel for the petitioner has argued that he

is not provided with adequate treatment from the jail the

Superintendent of the District Jail, Alappuzha is directed to file a report

regarding the health condition of this petitioner before the trial court

within two weeks from today. It is made clear that if the petitioner is

suffering from any kind of illness and he is not provided with proper

treatment, the learned Sessions Judge (trial Judge) shall give

appropriate directions to the jail authorities to ensure his health. The

petitioner is also at liberty to move again for bail before this court, if

sufficient and proper treatment is not provided to him.

Hence, this application is dismissed. The learned Sessions Judge

shall take all endeavor to dispose of the case at the earliest as the

accused including the petitioner are undergoing incarceration for about

one year.

Sd/-

SHIRCY V

JUDGE

smm