Kerala High Court
Safthar Hashmi vs State Of Kerala on 19 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 11773 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
BAIL APPL. NO. 11773 OF 2025
CRIME NO.66/2022 OF KODUVALLY POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.39 OF 2023 OF
SPECIAL COURT (NDPS ACT CASES), VADAKARA
PETITIONER:
SAFTHAR HASHMI
AGED 32 YEARS
S/O MUHAMMED ASHRAF, VAILANKARA HOUSE, PANNIKOTTUR
PO, KODUVALLY, KOZHIKODE DISTRICT, PIN - 673572
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KODUVALLY POLICE STATION, KODUVALLY P.O, KOZHIKODE
DISTRICT,, PIN - 673572
BAIL APPL. NO. 11773 OF 2025
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SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 11773 OF 2025
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BECHU KURIAN THOMAS, J.
========================
Bail.Appl.No. 11773 of 2025
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Dated this the 19th day of September, 2025
O R D E R
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No. 66 of 2022 of
Koduvally Police Station, Kozhikode, registered for the offence
punishable under section 20(b)(ii)(B) of the Narcotic Drugs and
Psychotropic Substances Act, 1985. The case is now pending as
S.C.No.39 of 2023 on the files of the Court of the Special Judge
(NDPS Act Cases), Vatakara.
3. The prosecution case is that on 05.02.2022, the
petitioner was found in possession of intermediate quantity of
ganja and thereby committed the offence alleged. Petitioner was
initially arrested on 05.02.2022, and was granted bail on
07.04.2022. One of the conditions of bail was that petitioner
shall not involve in any offence while on bail. However, in
violation of the said condition, petitioner involved in Crime
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No.302/2025 of Chevayur Police Station alleging offences
punishable under Section 22(c) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985. Consequent to his
involvement in the subsequent crime, an application was filed
for cancellation of his bail, and by order dated 24.02.2025, bail
was cancelled and petitioner was arrested and remanded on
25.02.2025.
4. Heard the learned counsel for the petitioner as well as
the learned Public Prosecutor.
5. The learned Counsel for the petitioner contended that
prosecution allegations are false and that since petitioner had
been in custody from 25.02.2025, he ought to be released on
bail.
6. The learned Public Prosecutor opposed the bail
application and submitted that petitioner ought not to be
released on bail.
7. The petitioner is being prosecuted for possessing
intermediate quantity of contraband. After obtaining bail, he
misused the liberty granted to him and committed another
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offence, that too by possessing commercial quantity of
contraband. Thus it is evident that petitioner had abused the
liberty granted. However, since petitioner has been in custody
from 25.02.2025, I am of the view that further detention is not
necessary. Accordingly, the petitioner is entitled to be released
on bail.
In the result, this application is allowed on the following
conditions:-
(a) Petitioner shall be released on bail on him
executing a bond for Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the
like sum to the satisfaction of the court having
jurisdiction.
(b) Petitioner shall appear before the Investigating
Officer as and when required.
(c) Petitioner shall not intimidate or attempt to
influence the witnesses; nor shall he tamper with the
evidence.
(d) Petitioner shall not commit any similar offences
while he is on bail.
(e) Petitioner shall not leave Kerala without the
permission of the Court having jurisdiction.
In case of violation of any of the above conditions or if
any modification or deletion of the conditions are required, the
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jurisdictional Court shall be empowered to consider such
applications, if any, and pass appropriate orders in accordance
with law, notwithstanding the bail having been granted by this
Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
saap
BAIL APPL. NO. 11773 OF 2025
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APPENDIX OF BAIL APPL. 11773/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 66 OF 2022 OF KODUVALLY
POLICE STATION, KOZHIKODE DISTRICT
Annexure 2 TRUE COPY THE ORDER DATED 07.04.2022 IN
CRL.M.P.NO. 226/2022 PASSED BY THE COURT
OF THE SPECIAL JUDGE (NDPS ACT CASES)
VATAKARA
Annexure 3 TRUE COPY OF THE ORDER DATED 15.07.2025 IN
CRL.M.P.NO. 1283/2025 PASSED BY THE COURT
OF THE SPECIAL JUDGE (NDPS ACT CASES)
VATAKARA
Annexure 4 TRUE COPY OF THE ORDER DATED 24.02.2025 IN
137/2025 IN S.C. NO. 39/2023 PASSED BY THE
COURT OF THE SPECIAL JUDGE (NDPS ACT
CASES) VATAKARA
//True copy//PA to Judge
