Kerala High Court
Abdul Manaf vs State Of Kerala on 17 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 17TH DAY OF NOVEMBER 2023 / 26TH KARTHIKA, 1945
BAIL APPL. NO. 4511 OF 2023
CRIME NO.27/2022 OF KUMBALA EXCISE RANGE OFFICE, KASARGOD
AGAINST THE ORDER IN CRMP 2272/2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - II, KASARAGOD / II ADDITIONAL MACT,
KASARAGODE
PETITIONER/3RD ACCUSED:
ABDUL MANAF
AGED 30 YEARS, S/O MOOSA KUNHI,
RESIDING AT BAITHUL BARAQUE,
UPPALA GATE, MANGALPADY VILLAGE AND POST,
KASARAGOD DISTRICT, PIN - 671324
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENTS/STATE:
STATE OF KERALA
1 REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
THE EXCISE CIRCLE INSPECTOR
KUMBLA EXCISE RANGE OFFICE,
2
KUMBLA P.O.,
KASARAGOD DISTRICT, PIN - 671324
BY SRI. M.C ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.4511 of 2023
:2:
ORDER
Dated this the 17th day of November, 2023 This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the 3 rd accused in Crime No.27/2023 of Kumbala Excise Range, Kasaragod which was registered for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
2. The allegation against the petitioner is that, on 21.10.2022, at about 9.45 a.m., while the 2nd respondent was conducting patrolling duty inspected the KSRTC Bus bearing No.KL 15A 1027 from near the Manjeshwaram Excise Check Post, the first accused was found in possession of 54 grams of MDMA and so, he was arrested by the 2nd respondent and later the registered case against him.
3. Heard Sri. T. Madhu, the learned counsel appearing for the petitioner and Sri.M.C.Ashi, the learned Public Prosecutor for the State.
4. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. It is pointed out that B.A.No.4511 of 2023 :3: no contraband articles were recovered from the physical possession of the petitioner.
5. The learned Public Prosecutor opposes the prayer sought by the petitioner. It is pointed out that there are other antecedents against the petitioner under the N.D.P.S Act itself. The role of the petitioner is very much evident from the records and under no circumstances the release of the petitioner can be ordered.
6. I have gone through the records.
7. Considering the fact that there are financial transactions between accused Nos.2 and 3, and the fact that there is one antecedent against the petitioner under the N.D.P.S Act itself. In such circumstances, after taking into all the relevant aspects, I do not find this as a fit case in which bail can be granted to the petitioner. Commercial quantity is involved inviting the rigour under Section 37 of the NDPS Act. In such circumstances, I do not find any merit in this application, and accordingly, the same is dismissed.
Sd/-
MOHAMMED NIAS C.P., JUDGE mtk B.A.No.4511 of 2023 :4: APPENDIX OF BAIL APPL. 4511/2023 PETITIONER ANNEXURES THE TRUE COPY OF THE ORDER DATED 21/3/2023 IN CRL M.P NO.1626/2023 ON THE Annexure-A1 FILES OF THE LEARNED ADDITIONAL SESSION'S COURT-I, KASARAGOD THE CERTIFIED COPY OF THE ORDER DATED 29/4/2023 IN CRL.M.P.NO.2272/2023 ON THE Annexure-A2 FILES OF THE LEARNED ADDITIONAL SESSION'S COURT-II; KASARAGOD