[Cites 2, Cited by 0]
Kerala High Court
Abdulla vs State Of Kerala on 26 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.1499/2026
1
2026:KER:26920
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF MARCH 2026 / 5TH CHAITHRA, 1948
BAIL APPL. NO. 1499 OF 2026
CRIME NO.26/2024 OF Mananthavady Excise Range Office,
Wayanad
PETITIONER/ACCUSED NO.3:
ABDULLA, AGED 42 YEARS
S/O. KUNJUMOIDEEN, PARAMBIL HOUSE, VELLILA POST,
MANKADA VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM
DISTRICT, PIN - 679324
BY ADVS. SRI.VISHNUPRASAD NAIR
SHRI.ASHIK C.M.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.1499/2026
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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.3 in Crime
No.26/2024 of Excise Range Office, Mananthavady, Wayanad
District. The offences alleged are punishable under Sections 22(c),
25, 27A amd 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short, NDPS Act).
3. The prosecution case, in short, is that on
23.4.2024 at about 9.10 am, the excise team, which was
conducting the vehicle check duty at the Tholpetty check post,
stopped and searched a car bearing registration No.KL-10AQ-110,
owned by the applicant. During this search, accused Nos.1 and 2,
who were travelling in the car, were found in possession of 100.22
grams of methamphetamine concealed in its dashboard and
thereby committed the offences.
4. I have heard Sri. Vishnuprasad Nair, the learned
counsel for the applicant and Smt. Sreeja V., the learned Senior
Public Prosecutor. Perused the case diary.
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
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are on record to connect the applicant with the alleged crime;
hence, he is entitled to bail. On the other hand, the learned 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 28.5.2024. 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. It is true that the contraband was seized from the
possession of the accused Nos.1 and 2. The investigation reveals
that the car in which the accused Nos. 1 and 2 transported the
contraband was provided by the applicant which belonged to one
of his relatives. Moreover, there was financial transaction
between the applicant and the accused No.1. It is also revealed in
the investigation that the ATM card of the applicant was used by
the accused No.1.
8. Having considered the submissions and after having
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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
kp
2026:KER:26920
APPENDIX OF BAIL APPL. NO. 1499 OF 2026
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE OCCURRENCE REPORT
DATED 23/4/2024 IN CRIME NO. 26/2024 OF
ERO, MANANTHAVADY
Annexure 1(a) A TRUE COPY OF THE SEIZURE MAHAZAR DATED
23/4/2024
Annexure 2 TRUE COPY OF THE PURCHASE BILL DATED
27/7/2023
Annexure 3 TRUE COPY OF THE PURCHASE BILL DATED
3/8/2023
Annexure 4 TRUE COPY OF THE PURCHASE BILL DATED
10/8/2023
Annexure 5 TRUE COPY OF THE PURCHASE BILL DATED
25/8/2023
Annexure 6 TRUE COPY OF THE PURCHASE BILL DATED
20/8/2023
Annexure 7 TRUE COPY OF THE PURCHASE BILL DATED
20/8/2023
Annexure 8 TRUE COPY OF THE PURCHASE BILL DATED
16/9/2023
Annexure 9 TRUE COPY OF THE PURCHASE BILL DATED
20/9/2023
Annexure 10 TRUE COPY OF THE PURCHASE BILL DATED
5/9/2023
Annexure 11 TRUE COPY OF THE PURCHASE BILL DATED
29/9/2023
Annexure 12 A TRUE COPY OF THE RELEVANT PAGES OF THE
COMPLAINT ALONG WITH RELEVANT RECORDS IN
CRIME NO. 26/2024 OF ERO, MANANTHAVADY
Annexure 13 A TRUE COPY OF THE ARREST MEMO DATED
28/5/2024 PREPARED AT 5 PM
Annexure 14 A TRUE COPY OF THE ARREST INTIMATION
NOTICE DATED 28/5/2024
Annexure 15 A TRUE COPY OF THE ORDER DATED 24/6/2024
PASSED BY THE SESSIONS COURT, KALPETTA
Annexure 16 A TRUE COPY OF THE ORDER DATED 4/9/2024
PASSED BY THE SESSIONS COURT, KALPETTA
Annexure 17 A TRUE COPY OF THE ORDER DATED 3/12/2024
PASSED BY THIS HON'BLE COURT IN B.A. NO.
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Annexure 18 . A TRUE COPY OF THE ORDER DATED
4/2/2025 PASSED BY THIS HON'BLE COURT IN
Annexure 19 A TRUE COPY OF THE ORDER DATED 13/2/2026
IN CMP NO. 04/2026 ON THE FILES OF THE
COURT OF THE SPECIAL JUDGE NDPS ACT
CASES/ADDITIONAL SESSIONS JUDGE II,
KAPETTA
