Kerala High Court
Sanjay Poojari vs State Of Kerala on 15 June, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 15TH DAY OF JUNE 2016/25TH JYAISHTA, 1938
Bail Appl..No. 4404 of 2016
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CR. NO. 1/2016 OF KUMBALA EXCISE RANGE, KASARAGOD DISTRICT
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PETITIONER(S)/ACCUSED NO.1 :
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SANJAY POOJARI,
AGED 28 YEARS, S/O.VASANTHA,
RESIDING AT ADAYAR, NEAR R.K GYAREJE,
KANNADESHAM, MANGALORE, KARANATAKA STATE.
BY ADVS. SRI.M.SASINDRAN
SRI.A.ARUNKUMAR
RESPONDENT(S)/COMPLAINANT/STATE :
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE STATION HOUSE OFFICER,
(CRIME NO. 1/2016 OF KUMBLA EXCISE RANGE),
KASARAGOD DISTRICT - 671 315.
BY PUBLIC PROSECUTOR SMT. REMA.R
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 15-06-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
P.UBAID, J.
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B.A.No. 4404 of 2016
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Dated this the 15th day of June, 2016
ORDER
The petitioner herein is the first accused in Crime No. 1 of 2016 of the Kumbla Excise Range, registered under Sections 20(b)(ii)(A) and 22(c) of the NDPS Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Sessions Judge, Kasaragod on 21.5.2016. The petitioner has been in judicial custody since 6.5.2016.
2. The prosecution case is that at about 7.15 a.m. on 6.5.2016, the petitioner and his co-accused were found possessing 11.450 gms of hashish, 0.8900 gms of LSD and 9.820 gms of hashish oil. They were arrested on the spot, and the quantity of contraband articles were seized as per mahazar.
3. This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation. B.A.No. 4404 of 2016 -2-
4. On hearing both sides, and on a perusal of the materials including the case diary and the report of the Investigating Officer, I find reason to believe that the petitioner is the member of a drug mafia involving in the illicit trade and distribution of narcotic drugs and psychotropic substances. There is definite possibility of the petitioner committing similar offences, if he is released on bail. The other accused is still in custody. Of course, it is true that no other crime is seen reported against the petitioner. But the substances seized from the possession of the accused will ruin hundreds of youngsters. If they are released on bail, it will be a threat to the society. The broader interests of the society require and demand that the accused must continue in custody, till the trial process is over.
In the result, this application for bail is dismissed.
Sd/-
P.UBAID JUDGE ds //True copy// P.A. to Judge