Kerala High Court
Shakeelu Rumaiz vs State Of Kerala on 29 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 5457 OF 2025
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2025:KER:37316
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
BAIL APPL. NO. 5457 OF 2025
CRIME NO.25/2024 OF EXCISE CRIME BRANCH (NORTH ZONE), KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.74 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, KALPETTA
PETITIONER(S)/ACCUSED 3:
SHAKEELU RUMAIZ, AGED 27 YEARS
S/O ABDUL LATHEF, CHERASSERI HOUSE,
PADIKKAL, TIRURANGADI, MOONIYUR POST,
MALAPPURAM, PIN - 676317.
BY ADVS.
THAREEQ ANVER K.
K.C.KHAMARUNNISA
K.SALMA JENNATH
K.SHAMSUDHEEN
ARUN CHAND
RASSAL JANARDHANAN A.
GOVIND G. NAIR
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
BY SMT. MAYA M.N. - (PUBLIC PROSECUTOR)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.05.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 5457 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.5457 of 2025
...................................................
Dated this the 29th day of May, 2025
ORDER
This is an application for regular bail filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioner is the third accused in Crime No. 101/2024 of Sulthan Bathery
Excise Range Office, Wayanad District [ECB-25/2024 of Excise Crime
Branch (Northern Region), Kozhikode. The crime has been registered
alleging offences punishable under Sections 22(c), 27A and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the
NDPS' Act').
3. According to the prosecution, on 16.07.2024 at about 11.40 am the first
accused was found to be in possession of 48.032 gms and 31.45 gms of
Methamphetamine at Muthanga Excise Check-post, while he was
travelling in a KSRTC bus. The prosecution also alleges that the 2 nd
accused conspried with the first accused to purchase the contraband
from the third accused and they transferred cash to the third acused
through bank transactions, following the instruction of the third accused
and travelled to Bangalore to purchase the contraband, and thereby all
the accused committed the offences as alleged. Petitioner was arrested
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on 08.01.2025 and he has been in custody since then.
4. The learned counsel for the petitioner contended that the complaint
against the petitioner is 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
petitioner, he ought to be released on bail.
5. 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 of Section 37
of the NDPS Act will apply and petitioner ought not to be released on bail.
6. Though petitioner was not arrested with the possession of the
contraband, the prosecution has arraigned him as an accused by virtue
of Section 29 of NDPS Act. The prosecution has relied on various
materials, including electronic evidence, call data records, and financial
transactions, to establish that the petitioner conspired with the other
accused to transport a large quantity of Methamphetamine. The total
quantity of the contraband seized is 79.482 gms of Methamphetamine,
which falls under the category of a commercial quantity.
7. On a consideration of the rival contentions and on a perusal of the
documents produced by the petitioner, it is noticed that the petitioner
was arrested on 08.01.2025 having been found to be in possession of
commercial quantity of 79.482 gms. 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
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question of grant of bail. The rigour applies equally to conspirators as
well.
8. 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
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.
9. Viewed in the light of the above binding precedents, 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.
10. 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 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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petitioner is not guilty of the offences alleged. It is also not possible to
conclude that he is not likely to commit a similar offence, if enlarged on
bail. Thus, 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
AMV/29/05/2025
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APPENDIX OF BAIL APPL. 5457/2025
PETITIONER ANNEXURES
ANNEXURE 1 THE TRUE COPY OF THE REMAND REPORT DATED
08/01/2025 IN NDPC CR.101/2024 EXCISE RANGE
OFFICE, SULTHAN BATHERY (ECB-25/2024).
ANNEXURE 2 THE ACCUSED COPY OF THE ORDER DATED
12/02/2025 IN CRL.M.C. NO.74/2025 BEFORE THE
HON'BLE COURT OF THE SPECIAL JUDGE, NDPS ACT
CASES/ADDL. SESSIONS JUDGE-II, KALPETTA,
WAYANAD.
