Kerala High Court
Bail Appl./8925/2012 of SHAJAHAN Vs STATE OF KERALA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Bail Appl..No. 8925 of 2012 () ------------------------------ (CRIME NO.3/2012 (NDPS) OF ALAPPUZHA EXCISE RANGE, ALLEPPEY DIST.) ----------------- PETITIONER::
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
Bail Appl..No. 8925 of 2012 ()
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(CRIME NO.3/2012 (NDPS) OF ALAPPUZHA EXCISE RANGE, ALLEPPEY DIST.)----------------- PETITIONER::---------- SHAJAHAN, AGED 27 YEARS S/O. HABEEB, THATTEVATHEZHATHU VELI, PONNADU P.O. MANNANCHERRY VILLAGE, ALAPPUZHA.
BY ADV. SRI.ABDUL JALEEL.A
RESPONDENT:
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STATE OF KERALA, REPRESENTED BY HOME SECRETARY THROUGH THE EXCISE INSPECTOR ALAPPUZHA EXCISE RANGE, BY THE PUBLIC PROSECUTOR, ALAPPUZHA.
BY PUBLIC PROSECUTORSMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSINON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - Dated this the 31[st] day of December, 2012.
ORDER
Petitioner is the first accused in Crime No. 3 of 2012 of Alappuzha Excise Range. Allegation against him is that he was found in possession of 180 ampules ofBuprenorphine in violation of the provisions of N.D.P.S.Actand he was booked for the offence under Sections 8, 22(c)and 29 of the said Act.
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2. The petitioner would point out that the seizure was made from a shared household and he has noconnection with the contraband article. At any rate,according to him, he has been in custody from 5.7.2012 andhis continued custody is unnecessary.
3. Learned Public Prosecutor opposed the application and pointed out that the quantity of thecontraband seized is much more than the commercialquantity. The petitioner has not offered any explanation for B.A.8925/2012.
the possession of the contraband article and the investigation is still going on.
4. The claims of the petitioner that he is innocent and has been falsely implicated cannot be accepted as perthe materials available in the CD. Even assuming that it wasfrom a shared household that the contraband articles were seized, the petitioner cannot disown his liability. Theveracity of the allegations does not arise for considerationnow. The claim of the petitioner that he is innocent cannotbe accepted as of now. Further, the investigation is stillgoing on.
5. Considering the quantity of the contraband article seized, the nature of the article seized and also thatthe investigation is still going, it is felt that it is notappropriate to release the petitioner now on bail.
This application is accordingly dismissed.
P. BHAVADASAN, JUDGE
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