Kerala High Court
Muhammed Basheer vs State Of Kerala on 20 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 7209 OF 2025
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2025:KER:44338
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
BAIL APPL. NO. 7209 OF 2025
CRIME NO.7/2024 OF PONNANI EXCISE RANGE OFFICE, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 10.03.2025 IN Bail Appl.
NO.10188 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
MUHAMMED BASHEER, AGED 42 YEARS
S/O ABDULLA, KAIPULLIYIL HOUSE,
M.G ROAD, MUKKALA,
MARANCHERI P.O.,
MALAPPURAM DISTRICT, PIN - 679 581.
BY ADVS.
SRI.SALIM V.S.
SMT.A.M.FOUSI
SHRI.A.B.AJIN
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT.SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.06.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 7209 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.7209 of 2025
...................................................
Dated this the 20th 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 O.R.No.7/2024 of Ponnani, Excise Range,
registered for the offences punishable under Sections 22(c), 29 & 60(3) of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the
NDPS' Act'); which is now pending as S.C.No.1111/2024 on the files of the
Special Court for SC/ST (POA) Act and NDPS Cases, Manjeri, Malappuram
District.
3. The prosecution case is that, on 19.02.2024 accused were found in
possession of 305.263 gms. of Methamphetamine which were seized
from the car as well as from their the house and the accused thereby
committed the offences alleged. Petitioner was arrested on 19.02.2025
and he has been in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
5. The learned counsel for the petitioner relied upon the decisions in Ankur
Chaudhary v. State of MP [2024 KLT Online 1609], Nitish Adhikary
v. State of West Bengal [SLP to Appeal(cri) 5769 of 2022],
BAIL APPL. NO. 7209 OF 2025
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Hasanujjaman v. State of West Bengal [SLP to Appeal(cri) 3221 of
2023] and other decisions to canvas the proposition that prolonged
incarceration without trial is a reason to dilute the rigour under Section
37 of NDPS Act.
6. The learned Public Prosecutor opposed the application.
7. In the decision in State of Kerala and Others v. Rajesh and Others
[(2020) 12 SCC 122], it was held that the scheme of section 37 of NDPS
Act requires that the power to grant bail under the NDPS Act is subject to
the limitation placed in the said provision over and apart from the
restrictions under the procedural law and the twin conditions stipulated
therein are required to be satisfied.
8. Further, 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. Thus, it is evident that prolonged
incarceration is not a reason to dilute the rigour under Section 37 of
NDPS Act. The decisions to the contrary relied upon by the Counsel for
the petitioner being contrary to the decision in Mohit Aggarwal are not
binding precedents.
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9. In the instant case, since the petitioner was found to be in possession of
177.240 gms. of Methamphetamine and the second accused in
possession of 128.023 gms. of the same contraband, it cannot be held
that they are not guilty of the offences alleged. Even though no
antecedents under the NDPS Act have been reported against the
petitioner, since the first limb of Section 37 is satisfied, petitioner cannot
be released on bail.
10. Thus, this is not a fit case to release the petitioner on bail, and
hence, it is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/20/06/2025
BAIL APPL. NO. 7209 OF 2025
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APPENDIX OF BAIL APPL. 7209/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE CRIME AND OCCURRENCE REPORT
IN CRIME NO. 07/2024 OF EXCISE RANGE OFFFICE,
PONNANI, MALAPPURAM DISTRICT.
ANNEXURE 2 THE TRUE COPY OF THE REMAND REPORT DATED
20.02.2024 IN CRIME NO. 07/2024 OF EXCISE
RANGE OFFFICE, PONNANI, MALAPPURAM DISTRICT.
