Kerala High Court
Sajir C M vs State Of Kerala on 6 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944
BAIL APPL. NO. 5854 OF 2022
Crime No. 38/2021 of Iritty Excise Range Office, Kannur
District
AGAINST THE ORDER/JUDGMENT IN CRMP 342/2022 OF SPECIAL COURT
(NDPS ACT CASES), VADAKARA
PETITIONER/ACCUSED:
ABDUL MAJEED.P.P.
AGED 45 YEARS
S/O.ABDULLA, PUTHANPURA HOUSE,
MATTANNUR, KOLARI AMSOM, KALARCODE DESOM,
IRITTY TALUK, KANNUR DISTRICT, PIN - 670702
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
BABU V.P.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
OTHER PRESENT:
PP - SRI. K.A.ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.12.2022, ALONG WITH Bail Appl..2680/2022, 3607/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.2680, 3607 & 5854 of 2022 :2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944
BAIL APPL. NO. 2680 OF 2022
Crime No. 38/2021 of Iritty Excise Range Office, Kannur
District
PETITIONER/ACCUSED:
SAJIR C M
AGED 38 YEARS
SON OF ABOOBAKAR
SAJEENA MANZIL, EDAUYANNUR P O,
KEEZHALLUR AMSOM, PALAYOD DESOM,
THALASSERI TALUK, KANNUR DISTRICT, PIN - 670595
BY ADVS.
PHIJO PRADEESH PHILIP
P.V.ANOOP
M.P.PRIYESHKUMAR
K.V.SREERAJ
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
EXCISE RANGE OFFICE, IRITTY, KANNUR, PIN - 670705
BY ADVS.PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
BY SRI. K.A.ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.12.2022, ALONG WITH Bail Appl..5854/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.2680, 3607 & 5854 of 2022 :3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944
BAIL APPL. NO. 3607 OF 2022
Crime No. 38/2021 of Iritty Excise Range Office, Kannur
District
PETITIONER/ACCUSED:
SHAMSEER
AGED 26 YEARS
S/O SADHIRI, KANNANKAVU HOUSE, CHAVASSERY AMSOM,
VELIAMBRA DESOM, IRITTY TALUK, KANNUR DISTRICT, PIN
- 670702
BY ADVS.
K.SHAJ
C.IJLAL
ARUN CHAND
JOSEPH MARY DAS
VINAYAK G MENON
BHARAT VIJAY P.
MAJID MUHAMMED K.
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 ASSISTANT EXCISE COMMISSIONER, KANNUR
OFFICE OF THE ASSISTANT EXCISE COMMISSIONER, KANNUR
- KOTALI ROAD, PALLIKKUNNU, KANNUR DISTRICT, PIN -
670004
BY ADVS.PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
BY SRI. K.A.ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.12.2022, ALONG WITH Bail Appl..5854/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.2680, 3607 & 5854 of 2022 :4:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
B.A. Nos. 2680, 3607 & 5854 of 2022
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 6th day of December, 2022
ORDER
These are applications for regular bail.
2. The petitioners in B. A. Nos. 5854, 2680 & 3607 of 2022
are accused Nos. 1, 2 and 3 respectively in Crime No. 38/2021 of
Iritty Excise Range Office, Kannur District, alleging commission of
offence punishable under Section 22(b) of the Narcotic Drugs and
Psychotropic Substances Act .
3. The prosecution allegation is that, on 10.12.2021, at about
12.20 PM, the accused were found in possession of 220.2 Kgs of
ganja concealed and transported in a lorry bearing registration
No.KL-58AB-4481 near Valavupara in Koottupuzha Thalassery road
and thus accused have committed the aforesaid offence.
4 .The learned counsel for the 1st accused submitted that he
has been falsely implicated in the above said crime and that the
petitioner is not a driver of the vehicle from which the contraband
was seized. It is further submitted that the 1 st accused was
arrested on 10.12.2021 and he is in custody since then. It is
further submitted that the charge sheet is already laid and further
B.A. Nos.2680, 3607 & 5854 of 2022 :5:
detention of the petitioner is not required for the purpose of
investigation. He has been falsely implicated and thereupon the 1 st
accused has preferred Annexure A2 complaint before the Assistant
Excise Commissioner, Kannur, in this regard. The contention of
the 2nd accused is that he is only a lorry driver and he is unaware of
the details of the contraband inside the said vehicle. The case of
the 3rd accused is that no contraband was seized from his
possession and the only allegation against him is that he was
accompanying the lorry in a Bolero jeep.
5. The learned Public Prosecutor seriously opposed the
application for bail mainly contending that accused Nos. 1 and 2
were arrested while travelling in the lorry and the contraband
having 220.2 Kgs of ganja was seized and further that the 3 rd
accused was piloting the said lorry. On verification of the call
records of all the accused it is found that, these accused were
present at the same location during the relevant time and it is also
revealed that they were travelling together. It is also submitted
that the charge sheet is already laid and the case is now pending as
S.C.No.81/2022 before the Special Court (NDPS Act cases),
Vadakara and that the trial has already been commenced.
6. I have called for a report from the trail Court concerned
B.A. Nos.2680, 3607 & 5854 of 2022 :6:
and it is reported that the trial court is taking earnest endevour to
dispose of the case before February, 2023. Considering the fact
that the contraband article being of commercial quantity, the rigor
of Section 37 of the NDPS Act will come to play. No substantial
contentions have been raised by the petitioners to get over the
rigor of Section 37 of the NDPS Act. Long period of custody cannot
be a reason for granting of bail. I am of the opinion that the
petitioners are not successful in establishing that their case will not
come within the twin conditions in Section 37 of the NDPS Act.
Considering the fact that the contraband is of commercial quantity,
I am not inclined to grant bail to the petitioners at this stage.
It is seen that the final report is already laid and the trial has
already commenced. Therefore, I dispose of these bail applications
with a direction that the Special Court(NDPS Act Cases), Vadakara
shall take all steps to complete the trial of SC No.81/2022 without
much delay, preferably on or before 1st of March 2023.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
