Kerala High Court
Jose vs State Of Kerala on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
BAIL APPL. NO. 1601 OF 2024
CRIME NO.27/2023 OF NORTH PARAVUR EXCISE RANGE OFFICE, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1699 OF 2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, NORTH PARAVUR / I
ADDITIONAL MACT, NORTH PARAVUR
PETITIONER/ACCUSED NO.1:
JOSE
AGED 36 YEARS
S/O SEBASTIAN, CHOORAMKUZHI HOUSE HOUSE,
VELLIYATHUPARAMBU, NAYARAMBALAM.P.O., ERNAKULAM
DISTRICT., PIN - 682509
BY ADVS.
SALIM V.S.
SHANAVAS.S
N.M.SIDHIC
A.M.FOUSI
A.B.AJIN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. NIMA JACOB -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1601 OF 2024
..2..
MOHAMMED NIAS C.P, J.
========================
B.A. No. 1601 of 2024
========================
Dated this the 3rd day of April, 2024
ORDER
This is an application filed under Section 439 of the Code of
Criminal Procedure seeking regular bail.
2. The petitioner is the 1st accused in Crime No.27 of
2023 of Excise Range Office, North Paravur, for having committed
offences punishable under Section 20(b)(ii) (c ), 29, 30 and 60(3)
of the NDPS Act.
3. The allegation against the petitioner is that on
5.6.2022 at about 2.45 p.m, the Excise Inspector, Excise Range
Office, North Paravur and party seized 21.200 kg of ganja and a
motorcycle bearing Reg.No.KL17 V 7843 from the house
No.28/293 of Vadakkekkara Panchayat and arrested the 1st and
2nd accused. Hence, the accused are alleged to have committed
the offences mentioned above.
4. The learned counsel for the petitioner claims parity on
the basis of bail granted to the 2nd accused as per order dated
BAIL APPL. NO. 1601 OF 2024
..3..
08.12.2023 in BA No. 10325 of 2023. That order was passed after
taking note of the peculiar facts and circumstances of the case,
wherein both the husband and wife who were involved in NDPS
crime and their two children were being looked after by their
grandmother. The specific contention of the mother is that she
has no knowledge, even of the contraband kept in their house.
Under such circumstances, bail was granted to the 2 nd accused.
No parity can be claimed by this petitioner.
5. Considering the fact that there are materials clearly
showing the involvement of the petitioner and the fact that the
rigour under Section 37 of the NDPS Act is applicable, the fact
that the petitioner is already involved in other crimes under the
N.D.P.S Act itself, I am not inclined to grant bail to the petitioner.
In such circumstances, I do not find any merit in this
application; accordingly, the same is dismissed.
Sd/-
MOHAMMED NIAS C.P
LU JUDGE
BAIL APPL. NO. 1601 OF 2024
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APPENDIX OF BAIL APPL. 1601/2024
PETITIONER ANNEXURES :
ANNEXURE 1 THE TRUE COPY OF THE INFORMATION DATED
05.06.2023 RECORDED BY THE DETECTING
OFFICER UNDER SECTION 42(1) OF THE NDPS
ACT.
ANNEXURE 2 THE TRUE COPY OF THE REPORT OF THE
DETECTING OFFICER UNDER SECTION 42(2) OF
THE ACT.
ANNEXURE 3 THE TRUE COPY OF THE MAHASSAR DATED
05.06.2023 PREPARED BY THE DETECTING
OFFICER.
ANNEXURE 4 THE TRUE COPY OF THE REPORT DATED
05.06.2023 UNDER SECTION 57 OF THE NDPS
ACT.
ANNEXURE 5 A TRUE COPY OF THE ORDER DATED
08.12.2023 IN BA NO. 10325/2023 OF THE
HONOURABLE HIGH COURT OF KERALA .
ANNEXURE 6 TRUE COPY OF THE ORDER DATED 15.09.2023
IN CRL.MC NO. 2578/2023 OF THE SESSIONS
COURT, ERNAKULAM
// True Copy // PA To Judge
