Kerala High Court
Praise God Otuoyya @ Ngaotoonye vs State Of Kerala on 21 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 21ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946
BAIL APPL. NO. 2673 OF 2023
CRIME NO.360/2022 OF Kannur Town, Kannur
AGAINST THE ORDER/JUDGMENT DATED 11.11.2022 IN SC NO.138 OF 2022
OF SPECIAL COURT (NDPS ACT CASES) TELLICHERRY
PETITIONER:
PRAISE GOD OTUOYYA @ NGAOTOONYE ,
AGED 23 YEARS
DAUGHTER OF OTOONYA , LIVING WATERROAD, IDU ABUJA
NAIGERIA, CHIKAMA NA HALLY, HOTHGARA), NEAR BANASAWADI,
BANGLORE, F.R.P.NO.18/22, WOMENS' PRISON, KANNUR,
KANNUR DISTRICT, COCHIN, PIN - 680004
BY ADVS.
MANJU ANTONEY
R.ANAS MUHAMMED SHAMNAD
JERRYMON ABRAHAM
RESPONDENT:
STATE OF KERALA ,
REPRESENTED BY STATION HOUSE OFFICER, KANNUR TOWN
POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH
COURT OF KERALA, ERNAKULAM, COCHIN, PIN - 682031
OTHER PRESENT:
SR.PP - DEEPA NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 2673 of 2023 2
VIJU ABRAHAM, J.
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B.A. No. 2673 of 2023
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Dated this the 21st day of March, 2024
ORDER
This bail application has been placed before me by another learned Single Judge since I have considered the bail application of the petitioner earlier in BA No. 3380/2022.
2. Petitioner is the 8 th accused in Crime No.360 of 2022 of Kannur Police Station alleging offence punishable under Section 20(b)(ii)(A), 21(b), 22(c) r/w 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 which is now pending as SC No.138/2022 before the Special Judge (NDPS, Act Cases) Vatakara.
3. The prosecution case, on 07.03.2022 at 4.15 PM, the third accused was found in possession of 1940 gram of MDMA, 64 gram of brown sugar and 7 gram of opium when he was searched in the parcel office of Asoka travels at Plaza junction, Kannur. The narcotic drugs were send from Bangalore through parcel service by the second accused. It is supplied B.A. No. 2673 of 2023 3 by the petitioners along with 4 th accused. According to the prosecution the petitioner/8th accused had supplied narcotic drugs from Bangalore to the other accused. Thus the accused committed the above mentioned offences.
4. Petitioner submits that she is in custody from 07.06.2022 onwards and has been falsely implicated in the above said crime. Learned public prosecutor seriously opposed the application for bail. It is submitted by the learned Public Prosecutor that in this case during investigation it is made out that A2 Nizam purchased Bulk quantity of Narcoticm drugs from A6, A7 and A8 who are Nigerian citizens. Examination of bank account statements of accused proves this fact. A2 who is having direct contact with A6, A7 and A8 sent money from his HDFC Account No.50100360320526 of Kannur SN Park Branch. During the period from 01.01.2021 to 05.04.2022 A2 transferred Rs.62,53,900 to A6 through the Account No.43502060000071 of Union Bank, Kalkare Branch, Bangalore, Rs.19,65,000/- to A7 through the Account number 435302060000069 of Union Bank, Kalkare Branch, B.A. No. 2673 of 2023 4 Bangalore. Further A2 transferred Rs.84,57,400 to A6 and Rs.2,00,000/- to A7 from his Account No.0704101121246 of Canara Bank, Kannur Main Branch. A6 and A7 in turn transferred A8 an amount to the tune of Rs.33,72,600/- to her account No.435302060000086 of Union Bank, Kalkare Branch, Bangalore. During interrogation A2 also revealed that he purchased narcotic drug from A6, A7 and A8 and is making payments mainly through their bank accounts. During interrogation she refused to divulge any explanation regarding the huge fund she received through her account and was not ready to cooperate with investigation. In this case accused 2 purchased 1940 Gram Methampetamine, 64 gram Cocane and 7 gram Hashish from accused 6,7 and 8. Accused 8 is liable as the vendor of above contraband narcotic drugs to A2. Accused 6 and 7 escaped to Nigeria and could not be arrested so far. A8 also is a Nigerian citizen and commercial quantity drug was seized in this case. She is also involved in another commercial quantity NDPS case in crime No.375/22 u/s.21, 22(c) r/w 29 NDPS Act of Kannur Town Police Station. Further if B.A. No. 2673 of 2023 5 she released on bail she is likely to escape from the country and thereby avoid appearing before court.
6. A report has been called from the Trial Court concerned wherein it is reported that the entire prosecution evidence was completed on 25.01.2024. Further defence evidence could not be completed in view of the stay order granted by this Court in O.P. (Crl).152/2024 filed by DW2.
7. The petitioner could not substantiate with valid reason that the twin conditions in Section 37 is satisfied in this case. Considering the facts and circumstances of the case and the active role of the petitioner in the commission of the offence and taking note of the fact the petitioner is involved in a similar case involving commercial quantity and also the apprehension raised by the learned public prosecutor, I am of the view that petitioner is not entitled for bail.
Accordingly, the bail application is dismissed.
sd/- VIJU ABRAHAM,JUDGE pm B.A. No. 2673 of 2023 6 APPENDIX OF BAIL APPL. 2673/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 11.11.2022 IN CRL.M.P.NO. 831/2022 IN S.C.NO.138/2022 BEFORE THE SPECIAL JUDGE (N.D.P.S. ACT CASES) VADAKARA.