Junaid N vs State Of Kerala
2022 Latest Caselaw 541 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                      BAIL APPL. NO. 8128 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 400/2021 OF SPECIAL COURT (NDPS
                          ACT CASES), VADAKARA
 CRIME NO.514/2021 OF ELATHUR POLICE STATION, KOZHIKODE DISTRICT
PETITIONER/ACCUSED:

            JUNAID N.
            AGED 24 YEARS
            S/O.ABDUL LATHEEF, NIRANGATT KALITHODI, PALLIKKAL P.O.,
            MALAPPURAM - 676 517.

            BY ADV K.ANAND



RESPONDENTS/STATE & COMPLAINANT:

    1       STATE OF KERALA
            REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM - 682 031.

    2       THE SUB INSPECTOR OF POLICE
            ELATHUR POLICE STATION, VATAKARA - 673 303.


OTHER PRESENT:

            SMT. SEETHA .S. (SR.PP)




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appl.No.8128/2021
                                          2

                                      ORDER

The petitioner is the accused in Crime No.514/2021 of Elathur Police

Station, Kozhikode District alleging commission of offences under Section

22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The allegation against the petitioner is that, on 01.08.2021 at

about 11.05 am, the petitioner was found in conscious possession of 22.230

grams of MDMA being transported in his car bearing Registration No.KL

01BL 4555.

3. The learned counsel for the petitioner vehemently submits that

the petitioner is totally innocent in the matter and that his detention is not

warranted, in the facts and circumstances of the case.

4. Section 37 of the NDPS Act makes it clear that except in cases

where the court makes a prima facie finding that a person accused of

having in his possession commercial quantity of any drug is not guilty of

the offence alleged against him, bail cannot be granted. I see no material to

hold, prima facie, that the petitioner is not guilty of the offence alleged

against him.

In the result, this bail application stands dismissed.

Sd/-

GOPINATH P.

JUDGE bng/13.01.2022