Shamsudheen Sait vs State Of Kerala
2023 Latest Caselaw 10729 Ker

B. A. No. 8887/2023

                                  ..1..



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      BAIL APPL. NO. 8887 OF 2023
    CRIME NO. 36/2021 OF EXCISE RANGE OFFICE, ERNAKULAM
PETITIONER/ACCUSED NO.25:

            SHAMSUDHEEN SAIT, AGED 57 YEARS,
            S/O.MUHAMMED KANI, 92/102, 4TH STREET, NETHAJI
            NAGAR, TONDIARPET, CHENNAI, TAMIL NADU, PIN -
            600081.

            BY ADVS.M/S.P.MOHAMED SABAH, LIBIN STANLEY,
            SAIPOOJA, SADIK ISMAYIL, R.GAYATHRI, M.MAHIN
            HAMZA &
            ALWIN JOSEPH



RESPONDENTS/STATE & COMPLAINANT:

     1      STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM, PIN - 682031.

     2      THE EXCISE INSPECTOR,
            EXCISE RANGE OFFICE, ERNAKULAM, ERNAKULAM
            DISTRICT, PIN - 682011.

            SMT.T.V.NEEMA, SR.P.P.


         THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B. A. No. 8887/2023

                                   ..2..




                     MOHAMMED NIAS C. P. , J.
                   =========================
                         B. A. No. 8887 of 2023
                   =========================
                 Dated this the 19th day of October, 2023


                               ORDER

This application is filed under Section 439 of the Code of Criminal

Procedure, 1973, seeking regular bail. The petitioner is accused No.25 in

Crime No.36/2021 of Excise Range Office, Ernakulam, registered for

having committed offences punishable under Sections 22(C), 25, 27A and

29 of the Narcotic Drugs and Psychotropic Substance Act.

2. The prosecution case is that, on 19.8.2021 at about 1.40 A.M, the

Excise Enforcement and Anti Narcotic Special Squad, Ernakulam, acting

on information, conducted a search in Marhaba Apartment, Vazhakala at

Eranakulam and seized 83.896 grams of Methamphetamine

Hydrochloride illegally kept for sale and arrested accused Nos.1 to 5.

Accused Nos. 7 to 25 were identified as persons who provided financial

aid to accused Nos.1 to 6 to purchase the contraband. The specific

allegation against the petitioner herein is that the accused persons had B. A. No. 8887/2023

..3..

purchased the alleged contraband from the petitioner herein, and thereby,

the petitioner has committed the aforementioned offences. As per the

prosecution case, 44.55 grams of Methamphetamine Hydrochloride was

seized from the apartment, and thereafter, as a result of the bodily search

conducted on accused Nos. 1 and 2, a total of 25 grams of

Methamphetamine Hydrochloride was seized. Thereafter, the Detecting

Officer further seized 21.175 grams of Methamphetamine Hydrochloride

as a result of the search conducted in the car allegedly used by the

accused, Nos. 1 to 5, for the transportation of contraband.

3. The learned counsel appearing for the petitioner would submit

that the petitioner is totally innocent and has been falsely implicated with

ulterior motives. At any rate, he points out that the petitioner is in custody

from 14.2.2022, and the continued custody of the petitioner is

unnecessary.

4. The learned Public Prosecutor opposed the petition and points

out that the petitioner is not entitled to get bail.

5. The learned counsel for the petitioner relies on the judgments of

the Hon'ble Supreme Court in Dheeraj Kumar Shukla v. State of Uttar B. A. No. 8887/2023

..4..

Pradesh (SLP Criminal No.6690/2022) and MD Raja and another v.

State of West Bengal (SLP Criminal No.6690/2022) and the judgments of

this Court in Banash Basheer v. State of Kerala (B.A.No.5370/2023),

Siddarth v. State of Kerala and another (B.A.No.4109/2023) and Fasil

v. State of Kerala [2023 (3) KHC 212] that followed Dheeraj Kumar

Shukla (supra). He would contend that the petitioner herein is similarly

situated as that of the accused in those cases.

6. Though the Prosecutor opposed the bail application, having gone

through the judgments cited on behalf of the learned counsel for the

petitioner, I feel no reason as to why a similar treatment accorded to the

accused in those cases should not be granted to the petitioner herein also.

True that commercial quantity is involved in relation to the crime in

which the petitioner is accused, however, taking note of the above

judgments, the absence of criminal antecedents and the fact that the

petitioner has been in custody since 14.2.2022, and the chance of

culmination of trial anytime soon being remote, the rigour of Section 37

of the NDPS Act has to be dispensed with at this stage. Also, considering

the fact that this Court granted A-1, A-4 and A-3 in this crime bail as per B. A. No. 8887/2023

..5..

B. A. Nos. 8379/2023 and 7297/2023, respectively and that 13 out of the

26 accused persons in the present crime were already released on bail,

and since the petitioner herein, who is A-26, is similarly placed as the

other accused persons, I am inclined to grant bail. In the result, the

petitioner is released on bail, subject to the following conditions:-

i. The petitioner shall be released on bail on executing a bond

for Rs.1,00,000/- (Rupees One lakh only) with two solvent

sureties each for the like sum to the satisfaction of the

jurisdictional Court;

ii. The petitioner shall report before the Investigating Officer

every Saturday between 9 a.m. and 10 a.m. till the final

report is laid;

iii.The petitioner shall furnish his residential address, including

his mobile phone number, to the investigating officer as well

as to the court;

iv.The petitioner shall not tamper or attempt to tamper with the

evidence or influence or try to influence the witnesses;

v. The petitioner shall not be involved in any other crime while B. A. No. 8887/2023

..6..

on bail;

vi.The petitioner shall surrender his Passport, if any, within

seven days from the date of his release before the Court

concerned, and if the release of the Passport is required at a

later period, the petitioner shall be at liberty to move an

appropriate application for the same before the court having

jurisdiction. If he has no Passport, he shall file an affidavit to

that effect before the court concerned on the date of

execution of the bond or within three days thereafter.

If any of the conditions are violated, the jurisdictional court

concerned will be empowered to take steps for cancellation of bail, as per

law.

Sd/-

MOHAMMED NIAS C. P., JUDGE

MMG B. A. No. 8887/2023

..7..

APPENDIX OF BAIL APPL.NO.8887/2023

PETITIONER'S ANNEXURES:

ANNEXURE 1             TRUE COPY OF THE JUDGMENT DATED
                       17.04.2023 IN SLP (CRL) NO. 12116/2022
                       PASSED BY THE HONORABLE SUPREME COURT
                       OF INDIA

ANNEXURE 2             TRUE   COPY   OF   THE   ORDER DATED
                       15.06.2023 PASSED BY THIS HONORABLE
                       COURT IN B.A. NO. 4521/2023

ANNEXURE 3             TRUE   COPY   OF   THE   ORDER DATED
                       30.09.2023 PASSED BY THIS HONORABLE
                       COURT IN B.A. NO. 8157/2023