Kerala High Court
Unknown vs By Adv.Smt.P.K.Priya on 9 February, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939
Bail Appl..No. 770 of 2018
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CRIME NO. 2/2018 OF MULAVUKAD POLICE STATION , ERNAKULAM
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PETITIONER/ACCUSED
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SHINE ZACHARIAS,
AGED 34 YEARS, S/O V.J.ZACHARIAS, VADAKKAN HOUSE,
THOYAKKAVU P.O., THRISSUR DISTRICT.
BY ADV.SMT.P.K.PRIYA
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING
S.H.O MULAVUKAD POLICE STATION,
ERNAKULAM DISTRICT-682031.
BY PUBLIC PROSECUTOR SRI SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-02-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
RAJA VIJAYARAGHAVAN V, J
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B.A No.770 of 2018
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Dated this the 9th day of February, 2018
ORDER
1.This petition is filed under Section 439 of the Code of Criminal Procedure.
2.The Prosecution allegation is that, based on a tip off, the petitioner was in possession of Narcotic Drugs for supply to party goers who were expected to congregate for the Rave Party to be held at Bolgatty Palace Ernakulam, for celebrating New Year, he was rounded up by the police on 1.1.2018 at about 5 a.m. After complying with the statutory formalities, a search was conducted. 0.480gms of LSD stamps were seized from his possession. Consequently, Crime No.2 of 2018 of the Mulavukad Police Station was registered alleging offence punishable under Sections 20 (b) (ii)(C) , 28 , 29 and section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3.The learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated. Referring to Annexure-A1 discharge summary, it is submitted that the petitioner herein was diagnosed with Neurobrucellosis in the month of August 2017 and his health condition is weak. It is B.A No.770 of 2018 2 submitted that having regard to the long period of incarceration undergone by him, his continued detention is unjustified.
4.The learned Public Prosecutor has vehemently opposed the prayer. It is submitted that what has been seized from the petitioner is LSD, a deadly narcotic drug, and the quantity seized is commercial in nature. The medical record submitted by the petitioner would reveal that the petitioner is a drug abuser. It is further submitted that the parameters laid down in Section 37 of the NDPS Act, 1985 will have to be satisfied. Highlighting the deleterious effects and deadly impact of the substance seized from the possession of the petitioner, it is submitted that the legislature has included Section 37 in the Statute Book to deter such nefarious activities by traffickers such as the petitioner. The learned Public Prosecutor referred to the decisions of the Apex Court in Union of India (UOI) v. Shri Shiv Shanker Kesari [(2007) 7 SCC 798] and Union of India v. Ram Samujh and Another [(1999) 9 SCC 429] to support his contentions.It is submitted that the investigation is in the early stages and the police are meticulously investigating the source from where the contraband was procured and the network of distribution.
B.A No.770 of 2018 3
5.I have considered the submissions advanced and have gone through the materials on record.
6.The jurisdiction of the court to grant bail is circumscribed by the provision 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 offence and that he is not likely to commit any offence while on bail. It is the mandate of the legislature which is required to be followed. The expression used in Section 37(1)(b) (ii) is b