Kerala High Court
Harshad K.V vs State Of Kerala on 30 October, 2024
2024:KER:81255
B.A. 8495/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
BAIL APPL. NO. 8495 OF 2024
CRIME NO.1139/2022 OF PERINTHALMANNA POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN SC (NDPS) NO.731 OF 2023
OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/1ST ACCUSED:
HARSHAD K.V.,
AGED 30 YEARS
S/O HAMZA,AKSHAYA HOUSE, MUZHUPPILANGAD, KANNUR CITY,
PIN - 670662
BY ADVS.
REJI R.
YESMA D. ELAVANTHARA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER,
PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT, PIN
- 679322
OTHER PRESENT:
SMT.PREETHA K.K., SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
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B.A. 8495/24 2
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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B.A. 8495/24 3
MOHAMMED NIAS C.P., J.
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Bail Appl. No.8495 of 2024
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Dated this the 30th day of October, 2024
ORDER
This application is filed by accused No.1 in crime No.1139/2022 of
Perinthalmanna Police Station alleging offences punishable under Sections 20(b)
(ii)(c) and 29 of the the Narcotic Drugs and Psychotropic Substances Act, 1985
(hereinafter referred to as 'the NDPS Act' for short).
2. The prosecution case is that on 07.10.2022 at 12.25 a.m., at
Ponniamkurissi in Perinthalmanna amsom, A1 and A2 were found possessing 155
Kgs of ganja in a vehicle bearing Reg.No.KL 16 Z 2045 and on investigation it was
revealed that the vehicle was arranged by A3 and the contraband article was
purchased in pursuance of criminal conspiracy among A1 to A3. There is a further
allegation that the vehicle was bearing a fake number plate. The petitioner was
arrested on 07.10.2022 and he has been in judicial custody since then.
3. The earlier applications, B.A.No.9315/2023 and B.A.No.6142/2024
preferred by Accused Nos.2 and 3 respectively, were rejected by this Court by
orders dated 01.11.2023 and 09.10.2024 finding the involvement of the petitioner
and noting the rigour of S.37 of the N.D.P.S. Act.
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4. The learned Prosecutor, opposing the bail application, submits that
three other cases are registered against the petitioner under the provisions of the
NDPS Act itself, which are furnished in the report submitted, as follows:-
1. A1) Dharmadam Police Station - Crime No.817/14 U/s.379 IPC, Thalassery Police
Station - Crime No.718/18 U/s. 20(b)(ii)(A) of NDPS Act, Crime No.19/22 U/s. 22(b)
of NDPS Act.
2. A2) Thalassery Police station - crime No.19/22 U/s. 22(b) NDPS Act.
3. A3) Konaje Police Station - Crime No.109/22 u/s.20(b)(ii)(c) NDPS Act.
4. Kumbala police station - Crime No.316/09 U/s.354 r/w 34 IPC, Crime No.625/11
U/s. 511 of 457, 380 IPC.
5. Given the three antecedents reported against the petitioner under the
provisions of the NDPS Act itself and also taking note of the rigour placed under
Section 37 of the NDPS Act, I am not inclined to grant bail to the petitioner, more
so when there is no change in circumstances.
Accordingly, the bail application is dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb/
2024:KER:81255
APPENDIX OF BAIL APPL. 8495/2024
PETITIONER ANNEXURES
Annexure A1 THE PHOTOCOPY OF THE CRIME NUMBER 1139/2022
OF PERINTHALMANNA POLICE STATION, MALAPPURAM
DISTRICT (FIR)
Annexure A2 THE PHOTO COPY OF THE DISMISSAL ORDER OF THE
CMP.04/2024 OF SPECIAL COURT FOR
SC/ST(POA)ACT & NDPS ACT CASES MANJERI.
