Shine Shaji vs State Of Kerala
2022 Latest Caselaw 1006 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                      BAIL APPL. NO. 8587 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 508/2021 OF SPECIAL COURT
                      (NDPS ACT CASES), VADAKARA
PETITIONER/S:

             SHINE SHAJI
             AGED 22 YEARS
             S/O. SHAJI, VADAKKEDATH HOUSE, PATHAR P. O.,
             NILAMBOOR, MALAPPURAM DISTRICT, PIN - 679 334.

             BY ADVS.
             T.K.SANDEEP
             ARJUN SREEDHAR
             ARUN KRISHNA DHAN
             ALEX ABRAHAM
             VEENA HARIKUMAR



RESPONDENT/S:

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 31.

             BY ADV ADDL.DIRECTOR GENERAL OF PROSECUTION

             SRI. ANAS K.A. (PP)




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.01.2022,     THE    COURT   ON   THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO. 8587 of 2021
                                       2




                                   ORDER

This is an application for regular bail.

2. The petitioner is the accused in Crime No.14 of 2021 of

Excise Range Office, Feroke, Kozhikode District, alleging

commission of offences under Section 22(c) of the Narcotic Drugs

and Psychotropic Substances Act, 1985.

3. The allegation against the petitioner is that, on

31.08.2021 at about 10.45 p.m, the petitioner was intercepted

while he was driving a WAGONR Car bearing Registration No.KL 46-

T 5721 and in possession of 51 grams of MDMA.

4. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent in the matter and he has been

falsely implicated. It is submitted that the petitioner had not

transported any quantity of any narcotic substance as alleged by

the prosecution. It is submitted that the seizure is against the BAIL APPL. NO. 8587 of 2021

provisions of the NDPS Act. It is submitted that there are

reasonable grounds to believe that the petitioner is not guilty of

the offence alleged against him.

5. The learned Public Prosecutor submits that the

petitioner is the sole accused in the crime and the recovery of the

drug was from his possession. It is submitted that every

mandatory procedure as contemplated by the provisions of the

NDPS Act have been complied with the matter of seizure and the

petitioner cannot complain that there has been a violation of the

procedure. Reference is made to the provisions of Section 37 of

the NDPS Act to indicate that since the seizure is of a drug in

commercial quantity, the petitioner is not entitled to bail unless

there are reasonable grounds for the Court to believe that he is not

guilty of the offence alleged against him.

Having heard the learned counsel for the petitioner and the

learned Public Prosecutor, I find no material to reach a conclusion

that there are reasonable grounds to believe that the petitioner is BAIL APPL. NO. 8587 of 2021

not guilty of the offence alleged against him. Therefore, in view of

the mandate of Section 37, this bail application is dismissed.

Sd/-

GOPINATH P.

JUDGE

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