Kerala High Court
Sajeeb P.Y vs State Of Kerala on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
BAIL APPL. NO. 4352 OF 2022
Crime No.01/2022 of Excise Range Office, Mananthavady,
Wayanad
PETITIONER/ACCUSED NO.2:
SAJEEB P.Y
AGED 40 YEARS
S/O YUSAF .P A, PILAPPILLIL HOUSE,
ASOKAPURAM, KODIKKUTHUMALA
DESOM, ALUVA POST, ALUVA EAST VILLAGE, ALUVA TALUK.
ERNAKULAM DISTRICT, KERALA, PIN - 683102
BY ADVS.M.R.SASITH
R.K.CHIRUTHA
NEELANJANA NAIR
RAJITHA V.K
VISHNUMAYA M.B.
BHAVANA K.K
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE EXCISE INSPECTOR
EXCISE RANGE OFFICE, MANATHAVADY
WAYANAD 670 645
BY ADVS.PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
OTHER PRESENT:
SR.PP - SRI. C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.4352 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.4352 of 2022
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Dated this the 7th day of July, 2022
ORDER
This is an application for regular bail.
2. The petitioner is accused No.2 in Crime No.01/2022 of Excise Range Office, Mananthavady, Wayanad, alleging commission of offence punishable under Sections 22(c), 9A(2) r/w 25A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
3. The prosecution allegation is that, on 05-01-2022, at about 3.40 pm, on an intelligence report, when the Excise party intercepted and searched a car bearing No.KL-63G-2439 from Bavali Excise Check Post in Thrissilery village of Mananthavady taluk, 475gms of MDMA, a psychotropic substance and 7 Ampules of Ephedrin, a controlled substance, each ampule weighing 1 ml. were seized from the dash board of the car. The car was being driven by the 1st accused and the 2nd accused was sitting on the front left side seat. The 3 rd accused was sitting on the back seat of the car. Seizure was effected following the procedures and all the three accused were arrested from the spot. The three accused B.A. No.4352 of 2022 :3: persons by hatching a conspiracy and by aiding each other were carrying the aforesaid contraband articles from Karnataka to Kerala for the purpose of sale as well as for personal consumption. Thus, they have committed the aforesaid offences.
4 . The case of the petitioner is that no contraband was seized from his possession and he has no connection with the seized contraband. It is also submitted that he was only traveling with the other accused in the car.
5. The learned Public Prosecutor seriously opposed the bail application mainly contending that the car from which the contraband was seized is in the ownership of the petitioner and he was very much present when the contraband was seized from the car. It is also submitted that the quantity of the contraband involved in this crime is a commercial quantity, inasmuch as 475 gms of MDMA and 7 ampules of Ephedrin were seized from the dash board of the car. The learned Public Prosecutor further submitted that the seizure was effected following all the procedures and all the three accused were arrested from the spot.
6. Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact B.A. No.4352 of 2022 :4: that a commercial quantity is involved, I feel that the rigor of Section 37 of the NDPS Act will come into play. Petitioner could not also substantiate that the case of the petitioner will satisfy the twin conditions envisaged in Section 37 of the NDPS Act. In view of the same, I feel that the petitioner is not entitled for bail, at this stage.
The application for bail is accordingly, dismissed.
Sd/-
VIJU ABRAHAM JUDGE sm/ B.A. No.4352 of 2022 :5: APPENDIX OF BAIL APPL. 4352/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 19.05.2022 IN CRL.M.C NO: 378/2022 PASSED BY THE HON'BLE ADDITIONAL SESSIONS JUDGE II , KALPETTA, WAYANAD