Supreme Court - Daily Orders
Ajmal T. A. @ Kuru vs State By Kerala on 23 August, 2023
Bench: S. Ravindra Bhat, Aravind Kumar
ITEM NO.6 COURT NO.5 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6599/2023
(Arising out of impugned final judgment and order dated 21-03-2023
in BA No. 2139/2023 passed by the High Court of Kerala at
Ernakulam)
AJMAL T. A. @ KURU Petitioner(s)
VERSUS
STATE BY KERALA Respondent(s)
(FOR ADMISSION and IA No.104683/2023-EXEMPTION FROM FILING O.T. )
Date : 23-08-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE ARAVIND KUMAR
For Petitioner(s) Mr. Lakshmeesh S. Kamath, AOR
Ms. Samriti Ahuja, Adv.
For Respondent(s) Mr. Harshad V. Hameed, AOR
Mr. Dileep Poolakkot, Adv.
Mr. Subhash Chandran K.R., Adv.
Mrs. Ashly Harshad, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioner is alleged to have participated in the commission of an offence punishable under the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act).
Signature Not Verified Digitally signed by NEETA SAPRA Date: 2023.08.23 The 19:15:58 IST Reason: co-accused caught with 119.70 grams of Methamphetamine Hydrochloride and 19.85 grams of Methamphetamine. The petitioner’s SLP (Crl.) No(s). 6599/2023 1 OF 2
role according to the prosecution was that the co-accused was in touch with him; he also apparently implicated him in the statement made before the police.
After issue of notice, the respondent – State points out that the petitioner is also facing charges in respect of another offence (FIR No. 893/2022 dated 06.09.2022) copy of that FIR was produced. It nearly states that the reporting Sub-Inspector suspected the petitioner and allegedly smelt Ganza. However, a search of his person revealed nothing. Soon after he was arrested and implicated in the present FIR entirely based upon the statement of the co-accused.
The charge-sheet has been filed in this case and the trial appears to be underway. Having regard to the nature of the evidence, this Court is, prima facie, satisfied that there is a remote likelihood of the petitioner’s involvement – as the alleged involvement is entirely based upon the co-accused’s statement and alleged CDR details. As a consequence, he is directed to be enlarged on bail subject to such terms and conditions as the trial Court may impose. Nothing stated in this order, in any manner, be prejudicial to the parties’ rights and contentions in the ongoing trial.
The petition is disposed of.
All pending applications are disposed of.
(NEETA SAPRA) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH) SLP (Crl.) No(s). 6599/2023 2 OF 2