Kerala High Court
Asanti Thakur vs State Of Kerala on 21 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:35885
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 21ST DAY OF MAY 2025/31ST VAISAKHA, 1947
BAIL APPL. NO.5724 OF 2025
CRIME NO.2110/2024 OF ALUVA EAST POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 21.01.2025 IN CRMC
NO.48 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
ARISING OUT OF THE ORDER/JUDGMENT DATED 22.03.2025 IN CRMC
NO.792 OF 2025 OF DISTRICT COURT & SESSIONS COURT,
ERNAKULAM
PETITIONER/ACCUSED NO.2 & 3
1 ASANTI THAKUR,
AGED 39 YEARS,
W/O NIKHIL THAKUR, SIMIRI GAY, TABALA GUDA,
RAYAGADA, ODISSA.,
PIN - 76502
2 ASHA PRAMOD LIMA,
AGED 36 YEARS,
D/O PRAMOD LIMA, NANDAGRAMPUR, PADAMPUR,
RAYAGADA, ODISSA.,
PIN - 765025
BY ADV N.B.FATHIMA SULFATH
RESPONDENT/STATE/COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
2025:KER:35885
B.A.No.5724 of 2025
2
2 THE STATION HOUSE OFFICER,
ALUVA EAT POLICE STATION, ERNAKULAM, KERALA,
PIN - 683101
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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B.A.No.5724 of 2025
3
BECHU KURIAN THOMAS, J.
...............................................
B.A. No. 5724 of 2025
..............................................
Dated this the 21st day of May, 2025
ORDER
This is an application for regular bail filed under section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioners are accused 2 and 3 in Crime
No.2110/2024 of Aluva East Police Station registered for offences
punishable under Sections 20(b)(ii)C, 8(C) and 29 of Narcotic Drugs and
Psychotropic Substance Act, 1985. (for short 'the NDPS' Act').
3. According to the prosecution, the accused was found
to be in possession of 35 kgs of Ganja and thereby committed the
offences as alleged. Petitioners were arrested on 25.11.2024 and have
been in custody since then.
4. The learned counsel for the petitioners contended that
the complaint against the petitioners are totally false and there are no
materials to connect him with the alleged crime. The learned Counsel
urged that, having regard to the long period of detention already
undergone by the petitioners, they ought to be released on bail. The
learned Counsel for the petitioners submitted that there is a serious
procedural violation which causes prejudice to the petitioners. The
learned Counsel also submitted that petitioners are not involved in any
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other crime.
5. The learned Public Prosecutor on the other hand
contended that the quantity of contraband seized from the petitioners falls
within the category of commercial quantity and therefore the rigour of
section 37 of the NDPS Act will apply and the petitioners ought not to be
released on bail.
6. On a consideration of the rival contentions and on a
perusal of the documents produced by the petitioners, it is noticed that the
petitioners were arrested on 25.11.2024 having been found to be in
possession of commercial quantity of 35 kgs of Ganja. When commercial
quantity of a contraband under the NDPS Act is seized from an accused,
the provisions of section 37 of the NDPS Act will be attracted, while
considering the question of grant of bail.
7. As observed by the Supreme Court in State of Kerala
and Others v. Rajesh and Others [(2020) 12 SCC 122], the scheme of
section 37 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. 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
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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.
8. Though the learned Counsel canvassed for the
preposition that the procedural violation would entitle the petitioners to be
released on bail, I am of the view that the decision in Union of India
through Narcotics Control Bureau of Lucknow v. Muhammed Navas
Khan 2021 (10) SCC 100 the supreme Court had observed that the
question of compliance of Section 42 of NDPS Act is a the matter which
can be raised during the course of trial. In fact, a learned Single Judge of
this Court in Jomon v. State of Kerala [2025 (2) KLT 421] has also
observed, relying upon the aforesaid decision, that the procedural
violations are matters to be considered during trial and not during the
stage of considering the grant of bail. In view of the above, the contention
raised by the petitioners on the basis of procedural violation has no merits.
9. Viewed in the light of the binding precedents,
especially that of Mohit Aggarwal (supra), this Court is of the view that
the contention based on long period of detention cannot be a reason for
enlarging the petitioners on bail. Moreover, since the quantity of
contraband, allegedly seized from the petitioners is commercial, and
bearing in mind the seriousness and gravity of the offences alleged, there
are no reasonable grounds, at this stage, to arrive at a conclusion that the
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petitioners are not guilty of the offences alleged. It is also not possible to
arrive at a conclusion that they are not likely to commit a similar offence, if
enlarged on bail. Thus, petitioners have 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
Cak
2025:KER:35885
APPENDIX OF BAIL APPL. 5724/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE F.I.R IN CRIME NO.
2110/2024 OF ALUVA EAST POLICE STATION
DATED 25.11.2024
ANNEXURE A2 TRUE COPY OF SEIZURE MAHAZAR DATED
25/11/2024.
ANNEXURE A3 THE TRUE COPY OF THE ORDER IN
CRL.M.C.NO. 48 OF 2025 DATED ON
21/01/2025,HONOURABLE 1ST ADDITITINAL
SESSIONS COURT, ERNAKULAM
ANNEXURE A4 THE TRUE COPY OF THE ORDER IN B.A NO
1348/2025 DATED 03.02.2025 BY THIS
HONOURABLE COURT
ANNEXURE A5 THE TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE 1ST ADDL. SESSIONS COURT,
ERNAKULAM IN CRL.M.C. NO. 792 OF 2025
DATED 22.03.2025
