[Cites 3, Cited by 0]
Kerala High Court
Shihabudheen @ Faizu vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7170
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
BAIL APPL. NO. 13536 OF 2025
CRIME NO.13/2020 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL
SQUAD, THIRUVANANTHAPURAM
AGAINST THE JUDGMENT DATED 21.08.2025 IN BAIL APPL. NO.9954
OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.5(IN CUSTODY FROM 01.12.2023):
1 SHIHABUDHEEN @ FAIZU
AGED 50 YEARS
MOIDHEEN PALLI PADINJARE VEETTIL, AKALAD P.O,
PUNNAYUR VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680518
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
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031
2 THE ASSISTANE EXCISE COMMISSIONER
EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695033
B.A.No.13536 of 2025 -2-
2026:KER:7170
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.13536 of 2025 -3-
2026:KER:7170
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, seeking regular bail.
2. The applicant is the accused No.5 in S.C.
No.2615/2023 on the files of the Additional Sessions Court-I,
Thiruvananthapuram. The offences alleged are punishable
under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short, NDPS ACT)
3. The prosecution case, in short, is that accused Nos.1
to 4 were found in possession of 3 kgs of hashish oil and 101
kgs of ganja at about 10 a.m. on 08.10.2020 in a Mahindra
Bolero van bearing registration No.KL-16F-2824 and an Ashok
Leyland van bearing registration No.KL-43D-7923 which belongs
to the applicant and thereby committed the offences. It is
further alleged that the applicant instructed accused No.6 to
procure contraband, who after procuring the same handed over
to accused Nos.1 to 4.
4. I have heard Sri.P.Mohamed Sabah, the learned
counsel for the applicant and Sri.K.A.Noushad, the learned
Senior Public Prosecutor. Perused the case diary.
2026:KER:7170
5. The learned counsel for the applicant submitted that
the applicant is innocent and has been falsely implicated in the
present case. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
hence, he is entitled to bail. On the other hand, the learned
Senior Public Prosecutor submitted that the alleged incident
occurred as a part of the intentional criminal acts of the
applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on
01.12.2023. A perusal of the case diary would reveal that the
accusation against the applicant is very serious, and it prima
facie shows a premeditated criminal act on his part. Since the
quantity involved is commercial, the jurisdiction of this Court to
grant bail is circumscribed by the provisions of Section 37 of the
NDPS Act. Bail can be granted in a case where there are
reasonable grounds for believing that the accused is not guilty
of such an offence and that he is not likely to commit any
offence while on bail.
7. The Additional Sessions Court-I, Thiruvananthapuram
tried the case originally as S.C. No.734/2021 against accused
Nos.1 to 4. At that time, since accused Nos.5 and 6 were
2026:KER:7170
absconding, no final report was filed against them.
Subsequently, accused No.6 was arrested, his case was
committed and tried as S.C. No.837/2023 along with
S.C. No.734/2021. Accused Nos.1 to 4 were convicted and
accused No.6 was acquitted. Thereafter, applicant/accused No.5
was also arrested and case as against him was numbered as
S.C. No.2615/2023. It is now pending before the Additional
Sessions Court-I, Thiruvananathapuram. The applicant is in
custody since 01.12.2023. The learned counsel for the applicant
submitted that accused No.6 who is in the same footing as that
of the applicant was already found not guilty and acquitted.
Therefore, the rigor of Section 37 of the NDPS Act cannot be
attracted against him and hence, he is entitled for bail. I cannot
subscribe to the said argument. A perusal of the final report
would show that the allegation against the applicant and
accused No.6 is not one and the same. The allegation against
accused No.6 is that he procured contraband utilizing the
money given by the applicant and handed over to accused
No.1. Apart from the said allegation, the specific case against
the applicant is that, his vehicle was used for transporting the
contraband. The Excise party seized the contraband while
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shifting the same from the car driven by accused Nos.1 and 2,
to the van belonging to the applicant. Moreover, the applicant
has criminal antecedents.
8. Having considered the submissions and after having
gone through the materials on record, I am afraid that there
are no substantial or probable causes for believing that the
applicant is not guilty of the offences charged. The applicant
has not been able to point out the existence of any such facts
or circumstances as are sufficient to justify recording a finding
that he is not guilty of the offences charged.
Considering the nature of the crime, the gravity of the
offence, the complicity of the applicant in it, and the facts and
circumstances mentioned above, I am of the view that the
applicant cannot be released on bail at this stage. The bail
application, accordingly, is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SKP
2026:KER:7170
APPENDIX OF BAIL APPL. NO. 13536 OF 2025
PETITIONER'S ANNEXURES:
Annexure 2 TRUE COPY OF THE ORDER DATED 21.08.2025 IN
B.A NO.9954/2025 PASSED BY THIS HONOURABLE
COURT
Annexure 3 TRUE COPY OF THE ORDER DATED 02.09.2024 IN
CRL.M.P. NO.4008/2024 IN S.C.NO.2615 OF
2023 PASSED BY THE ADDITIONAL DISTRICT AND
SESSIONS JUDGE-I, THIRUVANATHAPURAM
Annexure 4 TRUE COPY OF THE LETTER DATED 14.12.2025
ISSUED BY THE SECRETARY OF AMBALA THWAHA
JUMUATH MUSLIM SAMITHY
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
