Kerala High Court
Sifan Thaj vs State Of Kerala on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
BAIL APPL. NO. 1260 OF 2023
AGAINST THE ORDER/JUDGMENT INSC 378/2022 OF I ADDITIONAL
DISTRICT COURT, ERNAKULAM
Bail Appl. 479/2022 OF HIGH COURT OF KERALA
NDPS CR.NO.36/2021 OF EXCISE RANGE OFFICE, ERNAKULAM
PETITIONER/ACCUSED NO.7:
SIFAN THAJ,AGED 23 YEARS,S/O.THAJUDHEEN,
THURUTHIKATTU KUNNUPARAMBIL HOUSE,
CHALAKKAPPARA DESOM, KULAYATTIKKARA P.O,
AMBALLOOR, ERNAKULAM DISTRICT, PIN - 682317
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
OTHER PRESENT:
SR.PP - C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.1260 of 2023 2
VIJU ABRAHAM, J.
.................................................................
B.A. No.1260 of 2023
.................................................................
Dated this the 30th day of March, 2023
ORDER
This is an application for regular bail.
2. Petitioner who is the 7th accused in S.C.No.378 of 2022 on
the files of the Additional District Court-I, Ernakulam which is arising from
NDPS CR. No.36 of 2021 of Excise Range Office, Ernakulam registered
alleging commission of offences punishable under Sections 22(c), 25 and
29 of the Narcotic Drugs and Psychotropic Substances Act has come up
before this Court seeking regular bail. Petitioner is in custody from
14.09.2021 onwards.
3. The prosecution case is that on 19.08.2021 at about 1.40
a.m. the Excise Inspector and party who were the members of the
Ernakulam Excise Enforcement & Anti Narcotic Special Squad arrested
accused Nos.1 to 5 who were found in possession of 83.896 grams of
MDMA from 'C' Block of the apartment situated at first floor of Marhaba
Apartment. Accused Nos.1 to 5 were arrested and remanded to judicial
custody. Thereafter the 6th accused was arrested and on his statement
the petitioner was implicated as 7th accused in the crime on the allegation
that he had financial transactions with the 1st accused through bank
account and google pay.
4. This Court has earlier considered the applications for regular
bail preferred by the petitioner and other accused and has declined bail to
them as per Annexure-1 order dated 22.09.2022. The contention of the
petitioner is that now the charge sheet has been laid and therefore his
further detention is not required for the purpose of investigation.
5. It is seen that this is a case where 83.896 grams of MDMA
was seized from the possession of the accused. Considering the
seriousness of the allegation, I am not inclined to grant bail to the
petitioner. When the matter came up for consideration on an earlier
occasion, this Court has called for a report from the trial court concerned
regarding the present stage of the case and within what time the trial of
the case could be completed. A report has been submitted by the trial
court concerned seeking six months time from the date of framing of the
charge to dispose of the case.
Considering the facts and circumstances of the case I am
inclined to dispose of the bail application with a direction to the trial court
to dispose of S.C.No.378 of 2022 as expeditiously as possible, at any
rate, within a period of six months from the date of framing of charge.
Bail application is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
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