Kerala High Court
Siddique vs State Of Kerala on 13 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:42306
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
BAIL APPL. NO. 6287 OF 2025
CRIME NO.40/2024 OF KOZHIKODE EXCISE RANGE OFFICE, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 13.12.2024 IN BAIL
APPL. NO.7585 OF 2024 OF HIGH COURT OF KERALA.
PETITIONER(S)/ACCUSED NO.1:
SIDDIQUE,
AGED 34 YEARS
S/O. IBRAHIM, KAPPANCHALI, CHEMBANOODA, KOYILANDY,
KOZHIKODE, PIN - 673305.
BY ADVS.
SHRI.SADIQALI. M
SHRI.MUHAMMAD SABIK
SMT.PRAGEENA A.P.
SHRI.MOHAMED SHAFI M.
RESPONDENT(S):
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS, J.
...............................................
B.A.No. 6287 of 2025
...............................................
Dated this the 13th day of June, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused in OR No.40/2024 of
Excise Range Office, Kozhikode, registered for the offences punishable
under Sections 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'NDPS'). The crime is now pending as
S.C. No.12/2025 on the files of the Special Court for NDPS Act Cases,
Vadakara.
3. According to the prosecution, on 13.07.2024,
accused were found transporting 20.200 kg of ganja in a car bearing
registration No.KL-77-C-6753 and thereby the accused committed the
offences alleged.
4. Heard the learned counsel for the petitioner as well
as the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
the petitioner was arrested on 13.07.2024 and he has been in custody
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since then. It was also submitted that the quantity of contraband seized
should exclude the leaves and seeds, in view of the exclusion provided
in the definition under Section 2(iii)(b) of the NDPS Act.
6. The learned Public Prosecutor on the other hand
contended that the quantity of contraband seized from the petitioner
falls within the category of commercial quantity and therefore the
rigour under Section 37 of the NDPS Act will apply and the petitioner
ought not to be released on bail.
7. The petitioner was found in possession of 20.200 kg
of ganja on 13.07.2024 and was arrested from the spot. Considering
the quantity of ganja seized, the rigour under Section 37 applies. Even
though the learned counsel for the petitioner contended that the
quantity seized should be calculated excluding the leaves and seeds, in
view of the exclusion provided in the definition under Section 2(iii)(b)
of the NDPS Act, I am of the view that, on a perusal of the chemical
analysis report, prima facie, the said exclusion will not apply in the
instant case. The definition of the term 'ganja' in Section 2(iii)(b) of
NDPS Act, states that the exclusion of seeds and leaves arises when
the contraband is not accompanied by the tops.
8. On a perusal of the chemical analysis report as
handed over by the learned counsel for the petitioner, it is evident that
the contraband seized from the petitioner was partly crushed, dry,
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greenish brown leafy material with leaves having two margins and with
flowering and fruiting tops with small inconspicuous flowers and seeds,
that are characteristics of ganja.
9. A reading of the aforesaid chemical analysis report
indicates that the contraband seized from the petitioner falls in the
category of ganja as defined in the provision mentioned above as the
seeds and leaves were accompanied by the tops.
10. In the decision in Narcotics Control Bureau V.
Mohit Aggarwal [(2022) 18 SCC 374], it has been observed that the
focus must be on the availability of reasonable grounds to believe that
the accused is not guilty of the offence alleged against and also that he
is unlikely to commit an offence under the Act. The Supreme Court
went on to observe that the length of the period of custody or that the
charge had been filed or even that the trial has commenced by
themselves are not considerations that can be treated as persuasive to
grant bail under section 37 of the NDPS Act.
11. Viewed in the light of the above binding precedent,
this Court is of the view that the contention based on long period of
detention cannot be a reason for enlarging the petitioner on bail.
Moreover, having considered the contentions and materials available,
this Court is satisfied that, since the quantity of contraband, allegedly
seized from the petitioner is commercial, and bearing in mind the
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seriousness and gravity of the offences alleged, there are no
reasonable grounds, at this stage, to arrive at a conclusion that the
petitioner is not guilty of the offences alleged. It is also not possible to
arrive at a conclusion that he is not likely to commit a similar offence, if
enlarged on bail.
12. Petitioner has not made out any grounds to dilute
the rigour of section 37 of the NDPS Act. There is thus, no merit in this
application.
Accordingly, this bail application is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
mea
B.A.NO. 6287 OF 2025
2025:KER:42306
APPENDIX OF BAIL APPL. 6287/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE ORDER CMP NO 71 OF
2025 BEFORE HON'BLE COURT OF THE SPECIAL
JUDGE (NDPS ACT CASES), VATAKARA DATED
27-01-2025
