Kerala High Court
Naushad A.M vs State Of Kerala on 23 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:70784
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
BAIL APPL. NO. 11840 OF 2025
CRIME NO.10/2025 OF PERUMBAVOOR EXCISE RANGE OFFICE,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1035 OF 2025
OF ADDITIONAL DISTRICT & SESSIONS COURT/RENT CONTROL
APPELLATE AUTHORITY, MUVATTUPUZHA
PETITIONER/ACCUSED:
NAUSHAD A.M,
AGED 42 YEARS
S/O MUSTHAFA, AALANGADAN VEETTIL, PALLIPPURAM
KARA, MARAMPILLY VILLAGE, KUNNATHUNADU TALUK.,
PIN - 683105.
BY ADV SRI.AJEESH M UMMER
RESPONDENT/STATE:
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
23.09.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.NO. 11840 OF 2025 2
2025:KER:70784
BECHU KURIAN THOMAS, J.
...............................................
B.A.No. 11840 of 2025
...............................................
Dated this the 23rd day of September, 2025
ORDER
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.10/2025 of Excise
Range Office, Perumbavoor, registered alleging offences punishable
under Sections 20(b)(ii)(C) and 60(3) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'the NDPS' Act').
3. According to the prosecution, the accused was found in
possession of 6.300 Kg of ganja from an autorickshaw, and thereafter,
another 14 Kg of ganja was seized from his house. Altogether, 20.300
Kg of ganja was seized, and thereby the accused committed the
offences alleged. Petitioner was arrested on 29.01.2025 and he has
been in custody since then.
4. Sri.Ajeesh M. Ummer, the learned counsel for the petitioner,
pointed out that the entire prosecution allegations are false and that
serious manipulations have been committed by the Investigating Officer
to implicate the petitioner as an accused. It was submitted that the
arrest memo indicates that petitioner was arrested on 29.01.2025 at
07:55 pm, for illegal possession of 20.300 Kg of dried ganja, while
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Annexure 10, the seizure mahazar prepared at 08:00 pm, indicated
only a quantity of 6.300 Kg of ganja. The learned counsel further
pointed out that it was only subsequently, as per Annexure 11,
mahazar, that the quantity of 14 Kg of ganja was seized from
petitioner's house, and therefore, the arrest memo contains
manipulations and fraudulent incorporation. The learned counsel also
submitted that the crime was registered only on 30.01.2025, which
also indicates the manipulations committed by the Investigating Officer.
The learned counsel further submitted that the petitioner ought to be
released on bail considering the above anomalies.
5. Smt.Sreeja V., the learned Public Prosecutor, on the other
hand, opposed the application and submitted that the allegations are
serious and that petitioner was found to be in possession of commercial
quantity of ganja, and therefore, the rigour under Section 37 of NDPS
Act would apply.
6. On a perusal of Annexure A8, arrest memo, it is noticed that
the petitioner is stated to have been arrested at 07.55 pm on
29.01.2025 for illegal possession of 20.300 Kg of dried ganja. However,
in Annexure 10, seizure mahazar, which was prepared immediately
after the arrest of the petitioner i.e., at 08.00 pm, it is mentioned that
petitioner was found in possession of 6.300 Kg of ganja. Annexure 11
relates to seizure of 14 Kg of ganja allegedly seized from the
petitioner's house. The said mahazar indicates that the seizure was
2025:KER:70784
effected from the house of the petitioner at at 09.15 pm.
7. On a perusal of the above documents, which are not
disputed, it is evident that the reference in the arrest memo, seizure of
commercial quantity of contraband (20.300 Kg of dried ganja) at 07.55
pm on 29.01.2025 is incorrect. Prima facie, there are reasons to
assume that there have been manipulations or subsequent creation of
records. In such circumstances, the possibility of the petitioner being
found to be guilty cannot arise at this juncture atleast. Further,
petitioner is not involved in any other crime as well. Moreover, final
report has also been filed. In such circumstances, I am of the view that
petitioner can be released on bail.
8. 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 co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he
is on bail.
(e) Petitioner shall not leave the country without the
permission of the jurisdictional Court.
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In case of violation of any of the above conditions or if any
modification or deletion of the conditions are required, the jurisdictional
Court shall be empowered to consider such applications, if any, and
pass appropriate orders in accordance with the law, notwithstanding
the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
mea
2025:KER:70784
APPENDIX OF BAIL APPL. 11840/2025
PETITIONER ANNEXURES
Annexure 1 A TREATMENT SUMMARY OF SREE NARAYANA
INSTITUTE OF MEDICAL SCIENCES, CHALAKKA,
ERNAKULAM DATED 25/08/2025
Annexure 2 A COPY OF THE ORDER IN CRL.M.P 346/2025
OF ADDITIONAL DISTRICT AND SESSIONS
COURT, MUVATTUPUZHA DATED 08.08.2025
Annexure-3 A COPY OF THE ORDER IN CRL.M.P 362/2025
OF ADDITIONAL DISTRICT AND SESSIONS
COURT, MUVATTUPUZHA DATED 12.08.2025
Annexure 4 A TRUE COPY OF THE RECALL NOTICE ISSUED
BY THE BANK DATED 18.08.2025 WITH
REFERENCE NO MLY/SM/CR/25-26/45
Annexure 5 A TRUE COPY OF THE RECALL NOTICE ISSUED
BY THE BANK DATED 18.08.2025 WITH
REFERENCE NO MLY/SM/CR/25-26/46
Annexure 6 A TRUE COPY OF THE RECALL NOTICE ISSUED
BY THE BANK DATED 18.08.2025 WITH
REFERENCE NO MLY/SM/CR/25-26/47
Annexure-7 A COPY OF THE ORDER IN CRL.M.P 397/2025
OF ADDITIONAL DISTRICT AND SESSIONS
COURT, MUVATTUPUZHA DATED 08.09.2025
Annexure-8 A COPY OF THE ARREST MEMO DATED
29/01/2025
Annexure-9 A COPY OF THE INSPECTION MEMO DATED
29/01/2025
Annexure-10 A TRUE COPY OF THE SEIZURE MAHAZAR DATED
29.01.2025 AT 08.00 PM
Annexure-11 A TRUE COPY OF THE SEIZURE MAHAZAR DATED
29.01.2025 AT 09.15 PM
Annexure-12 A TRUE COPY OF THE ORDER IN BA 8833/2025
DATED 28.07.202
