Kerala High Court
Faisal vs State Of Kerala on 19 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 19TH DAY OF APRIL 2023 / 29TH CHAITHRA, 1945
BAIL APPL. NO. 1026 OF 2023
Crime No.13/2020 of Excise Enforcement and Anti Narcotic Special Squad,
Thiruvananthapuram
AGAINST THE ORDER IN SC 734/2021 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - IV, THIRUVANANTHAPURAM / I ADDITIONAL MACT
PETITIONER:
FAISAL
AGED 43 YEARS, S/O ABDU,
RESIDING AT HOUSE NO: 53, WARD NO: IV, KADAVALLOOR,
MATTAMPADI DESOM, ELAVALLI VILLAGE, FROM NALAKATHU
THIRUTHIKADU VEEDU, PAVARATTI PUTHUMANASSERI DESOM,
PAVARATTI VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT,
PIN - 680507.
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
MUHAMMED SWADIQ
RESPONDENTS:
STATE OF KERALA
REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA,
KOCHIN, PIN - 682031
BY ADVS.
SRI. C K SURESH (SR PP)
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-
04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.1026/2023 -2-
ORDER
The petitioner is the accused in Crime No.13/2020 of Excise Enforcement and Anti
Narcotic Special Squad, Thiruvananthapuram alleging commission of offences under
Sections 8 (c), 20 (b), (ii) (C) & 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (hereinafter referred to as 'NDPS Act' for short).
2. The gist of the prosecution case in brief, is that on 08-10-2020 at about 3 p.m
the petitioner along with other accused were transporting 3 Kgs of Hashish Oil and 101 Kgs
of Ganja in contravention of the provisions of the NDPS Act and thereby they committed
the offences under the aforesaid provisions of law.
3. The earlier bail application of the petitioner was considered by me through
order dated 23-05-2022 in B.A. No.3452/2022. I see no change of circumstances
warranting the grant of bail to the petitioner presently. It is the case of the petitioner that
even the final report which has now been filed does not suggest that the petitioner was in
actual possession of the contraband in question. It is also the case of the petitioner that the
petitioner had never exercised any control over the contraband and therefore the petitioner
is entitled to bail. This very same argument was considered by me while considering the
earlier bail application of the petitioner and relying on the judgment of the Supreme Court
in Union of India through Narcotic Control Bureau, Lucknow v. Md. Nawaz
Khan; (2021) 10 SCC 100 I had taken the view that the absence of allegation of
possession is not by itself a consideration which would weigh with this court in deciding an
application for grant of bail to an accused involved in an offence relating to a commercial
quantity of a narcotic durg. Therefore this bail application is dismissed.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF BAIL APPL. 1026/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET
FILED UNDER SECTION 36A (1) (D) OF THE NDPS ACT IN
CRIME NO: 13 OF 2020 OF EXCISE ENFORCEMENT AND ANTI
NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM
Annexure A2 THE TRUE COPY OF THE ORDER DATED 18.11.2020 IN
CRL.M.P. NO: 1174 OF 2020, PASSED BY THE COURT OF
ADDITIONAL SESSIONS JUDGE-I, THIRVANANTHAPURAM
Annexure A3 THE TRUE COPY OF THE ORDER DATED 06.04.2022 IN
CRL.M.P. NO: 750 OF 2022 IN SC NO: 734 OF 2021,
PASSED BY THE COURT OF ASSISTANT SESSIONS JUDGE-IV,
THIRVANANTHAPURAM
Annexure A4 THE TRUE COPY OF THE ORDER DATED 23.05.2022 IN B.A.
NO: 3452 OF 2022 PASSED BY THIS HON'BLE COURT
