Kerala High Court
Thumba Tukandi Levy vs State Of Kerala on 12 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 12TH DAY OF DECEMBER 2023 / 21ST AGRAHAYANA, 1945
BAIL APPL. NO. 9078 OF 2023
CRIME NO.1/2022 OF NARCOTICS CONTROL BUREAU, KOCHI, ERNAKULAM
AGAINST THE ORDER IN SC 1065/2022 OF ADDITIONAL DISTRICT COURT
(ADHOC)-II, THIRUVANANTHAPURAM
PETITIONER/4TH ACCUSED:
ARNOLD NKUNA,
AGED 34 YEARS
S/O.ARNOLD, 5/85/1GF,
MARGODNALLI RM BANGALORE,
PIN - 660035
BY ADVS.
PIRAPPANCODE V.S.SUDHIR
AKASH S.
GIRISH KUMAR M S
RAJALAKSHMI.R.
RESPONDENTS/COMPLAINANT:
UNION OF INDIA,
REPRESENTED BY THE CENTRAL,
1 GOVERNMENT STANDING COUNSEL,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
INTELLIGENCE OFFICER,
2 NARCOTICS CONTROL BUREAU, SUB ZONE, COCHIN, PIN -
682042
BY ADV SRI.RAJAGOPALAN NAIR.K.R., CGC
B.A.No.9078 of 2023
2
OTHER PRESENT:
SMT. T .V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.9078 of 2023
3
ORDER
Dated this the 12th day of December, 2023 This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the 4th accused in O.R. No.1/2022 of Narcotic Control Bureau, Sub Zone, Cochin, now pending before the Additional Sessions Court-II, Thiruvananthapuram, for having committed offences punishable under Sections 8(c), 22(c), 27(A), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case is that on 09.11.2021, the Excise Inspector, Attuppuram Excise check post, along with two Excise Preventive Officers, seized 80 grams of MDMA from the possession of the first accused.
4. The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 09.04.2022, and continued custody of the petitioners is unnecessary. B.A.No.9078 of 2023 4
5. The learned Public Prosecutor opposed the petition.
6. Considering the allegations against the 4 th accused, it is pointed out by the learned Public Prosecutor that the 4 th accused has already committed another offence involving commercial quantity, and he is in Central Jail, Banglore, in connection with Crime No. 87/2022, where commercial quantity of MDMA was seized from his possession. That apart from paragraph 8th of the counter filed by the Intelligence Officer, Narcotics Control Bureau, Cochin, clearly shows his link with the other accused and the crime. In such circumstances, I am not inclined to grant bail to the petitioner, considering the rigour placed under S.37 of the Act.
Accordingly, this application is dismissed.
Sd/-
MOHAMMED NIAS C.P., JUDGE mtk B.A.No.9078 of 2023 5 APPENDIX OF BAIL APPL. 9078/2023 PETITIONER ANNEXURES TRUE COPY OF THE CONFESSIONAL STATEMENT DATED 22.04.2022, ALLEGED TO HAVE BEEN Annexure I GIVEN BY THE PETITIONER U/S 67 OF THE NDPS ACT, 1985 BEFORE THE INTELLIGENCE OFFICER, NCB, SUB ZONE, COCHIN TRUE COPY OF THE JUDGMENT DATED Annexure II 10.01.2022 IN SLP CRIMINAL NO.242 OF 2022 & CONNECTED CASES CERTIFIED COPY OF THE ORDER DATED 13.12.2022 IN CRIMINAL MP NO. 3074/2022 Annexure III IN SC NO. 1065/2022 (OR NO. 1/2022 NCB/SV/COK) OF THE ADDITIONAL SESSIONS JUDGE II, THIRUVANANTHAPURAM RESPONDENT ANNEXURES Bank account statement of Accused No. 2 ANNEXURE R2(a) Shuaib AS