Abdul Khayum vs State Of Kerala
2023 Latest Caselaw 9415 Ker

BAIL APPL. NO. 6224 OF 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
          FRIDAY, THE 1ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945
                         BAIL APPL. NO. 6224 OF 2023
   AGAINST THE ORDER/JUDGMENT SC 103/2022 OF II ADDITIONAL DISTRICT
                       COURT & SESSIONS COURT,PALAKKAD
PETITIONER:

               ABDUL KHAYUM
               AGED 37 YEARS
               S/O ABDUL KAREEM, KOOTUNGAL PARAMBUY HOUSE, BEENACHI,
               PUZHUPATHUR, SULTHAN BATHERI VILLAGE, WAYANAD DITRICT,
               PIN - 673592
               BY ADVS.
               P.MOHAMED SABAH
               LIBIN STANLEY
               SAIPOOJA
               SADIK ISMAYIL
               R.GAYATHRI
               M.MAHIN HAMZA
               ALWIN JOSEPH


RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
               PIN - 682031
      2        THE STATION HOUSE OFFICER
               ALATHUR POLICE STATION, PALAKKAD DISTRICT, PIN - 678541
OTHER PRESENT:

               SRI.SANGEETHA RAJ N.R [PP]


      THIS     BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6224 OF 2023

                                 2

                              ORDER

This application is filed u/s 439 of the Code of Criminal

Procedure seeking regular bail.

2. The applicant is the accused No. 1 in Crime No.

648/2021 of Alathur Police Station, Palakkad District now

pending as S.C No. 103/2022 on the file of Additional District

and Sessions Court-II, Palakkad. The offences alleged are

punishable under Sections 20(b)(ii)(c), 25 and 29 of Narcotic

Drugs and Psychotropic Substances Act, 1985.

3. The prosecution case, in short, is that on

20.07.2021 at 17 hours, the applicant along with the

remaining accused were found illegally transporting 142.200

Kg of Ganja in car bearing registration No. KL-60-C-6523, in

contravention of the provisions of the Narcotic Drugs and

Psychotropic Substances Act, 1985 and thereby committed

the offence.

4. I have heard Sri. P. Mohammed Sabah, the learned

counsel for the applicant and Sri. Sangeetha Raj N.R., the BAIL APPL. NO. 6224 OF 2023

learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted

that the applicant is innocent and has been falsely implicated

in the present case. The counsel further submitted that there

is statutory violation of Sections 42 and 50 of the Narcotic

Drugs and Psychotropic Substances Act, 1985. On the other

hand, the learned Public Prosecutor submitted that the

alleged incident occurred as part of the intentional criminal

acts of the applicant and he is not entitled to bail at this

stage. The learned Public Prosecutor further submitted that

the bar under Section 37 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 will operate against the

applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

28.07.2021. A perusal of the case diary would reveal that the

accusation against the applicant is very serious, and it prima

facie shows a premeditated criminal act on his part. The

contraband article was found in the car driven by the

applicant. The quantity involved is a commercial quantity. BAIL APPL. NO. 6224 OF 2023

Since, the quantity involved is a commercial quantity, the

jurisdiction of this Court to grant bail is circumscribed by the

provisions of Section 37 of the Narcotic Drugs and

Psychotropic Substances Act, 1985. Bail can be granted in a

case were there are reasonable grounds for believing that the

accused is not guilty of such offence and that he is not likely

to commit any offence.

7. I went through the case records. There is

compliance of Section 42. Since, the contraband articles was

seized from the car and not from the body of the applicant or

the other accused, Section 50 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 is not attracted.

8. Having considered the submissions and after going

through the materials on record, I am afraid that there are no

substantial or probable cause for believing that the applicant

is not guilty of the offence charged. The applicant has not

been able to point out the existence of any such facts or

circumstances as are sufficient to justify recording a finding

that he is not guilty of the offence charged. Considering the BAIL APPL. NO. 6224 OF 2023

gravity of the offence and the circumstances mentioned

above, I am of the view that the applicant cannot be released

on bail at this stage. The bail application, accordingly, is

dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE bnu BAIL APPL. NO. 6224 OF 2023

APPENDIX

PETITIONER'S ANNEXURES

Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 648 OF 2021 OF ALATHUR POLICE STATION, PALAKKAD DISTRICT

Annexure 2 TRUE COPY OF THE SEIZURE MAHAZAR DATED 28.07.2021 IN CRIME NO. 648 OF 2021 OF ALATHUR POLICE STATION, PALAKKAD DISTRICT

Annexure 3 TRUE COPY OF THE CHARGE SHEET IN SC NO.

                        103/2022 ON THE FILE OF ADDITIONAL
                        DISTRICT   AND   SESSIONS   COURT  -II,
                        PALAKKAD

Annexure 4              CERTIFIED COPY OF THE ORDER IN        CRL
                        M.C.NO.   2201/2023    PASSED   BY    THE

HONOURABLE SESSIONS COURT, PALAKKAD