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2023 Supreme(Online)(KER) 1426
HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
SHERIN N.S – Appellant
Versus
UNION OF INDIA – Respondent
Bail Appl. 8737/2023
P.MOHAMED SABAH, LIBIN STANLEY, SAIPOOJA R.GAYATHRI, SADIK ISMAYIL, M.MAHIN HAMZA, ALWIN JOSEPH, NIREESH MATHEW
The court reaffirmed that under Section 37 of the NDPS Act, bail cannot be granted unless the prosecution's materials are insufficient to establish a prima facie case against the accused.
Headnote:
Bail - Narcotic Offences - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22(c), 29 - The court found sufficient material connecting the accused with drug offences, leading to the denial of bail under the stringent provisions of Section 37.
Fact of the Case:
The petitioners, accused in a narcotics case, were seeking regular bail under Section 439 of the CrPC following their alleged involvement in a drug conspiracy related to the transportation of 99 grams of Amphetamine.
Issues: Whether the petitioners demonstrated sufficient grounds to warrant bail in a case involving serious drug offences under the NDPS Act.
Ratio Decidendi: The stringent provisions of Section 37 of the NDPS Act apply to cases of commercial quantities of narcotics, and the absence of compelling reasons to grant bail supports the court's decision.
Final Decision: Applications for regular bail are dismissed.
ORDER
These are applications for regular bail filed under Section 439 of the Code of Criminal Procedure.
2. The petitioners are accused Nos. 2 and 3 respectively in OR No.1/2023 of NCB Kochi, registered for offences punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .
3. The prosecution allegation is that on 30.03.2023 at 9.00 a.m., based on information received by NCB search was conducted at the DTDC Express Limited, Vengara, Malappuram and found that 99 grams of Amphetamine was received as a courier parcel and the contraband article was transported by the petitioners in conspiracy which one Abdul Jalee, and thereby committed the above offence.
4. The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.
5. Learned counsel for the petitioner in BA No.762/2023, argues that there is no material to connect the petitioner with the crime apart from the payment of Rs.500/-. It is also argued that all the contraband was mixed, and there is a violation of the relevant Rules. It is also argued that apart from the voluntary statement of the petitioner there is no material to connect the said accused with the crime.
6. Learned counsel for the petitioner in BA No.8737/2023 also makes similar argument and submits that apart from the vague allegations of payment of Rs.500/- he has not sent the contraband or received the same for him to be implicated in the crime. He also cited the judgment of the Supreme Court in State by (NCB) Bengaluru and others v. Pallulabid Ahmad Arimutta and others [2021 (1) KHC 853) as well as the order of this Court in BA No.2776/2023.
7. In answer, the learned counsel for the respondent filed a statement which specifies the role of the petitioners. The relevant portion of the statement is extracted hereunder:- “4. The investigation Officer then summoned two persons Arjun E.K. (A-2) & Sherin N.S. (A-3) for enquiry. Arjun E.K. (A-2) was the consigner of the parcel originated from DTDC, Bommanahalli, bangalore & Sherin N.S. Procured the drug from the supplier identified as one person named Haadi @ Shifas (A-4). As per the voluntary statement of Arjun and Sherin N.S.(A-3), Abdul Jaleel (A-1) used to procure MDMA and other Psychotropic drugs from Bangalore though Haadi @ Shifas (A-4). Abdul Jaleel (A-1) producred the drugs from Bangalore sometimes in person, with the help of Arjun EK (A-2) and Sherin NS (A-3) and he used to get it to Matappuram by Arjun and Sherin NS (A-3) through couriers. Also, Abdul Jaleel (A-1) had arranged, procured drugs in this manner multiple times and sent through Courier from Bengaluru to Malappuram, with the involvement of Arjun and Sherin N S (A-3). All the times, the parcel was destined with the same Consignee address to a fruit vendor near his shop. In the voluntary statement of Arjun EK (A-2) be revealed that Arjun EK (A-2) Sherin NS (A-3) and Abdul Jaleel (A-1)are associates of drug business. Sherin NS(A-3) handed over a drug packet to Arjun E K (A2) for sending it to Abdul Jaleel (A-1). He received and repacked the drugs in his house as per the directions of Sherin N S (A-3) given an address to Arjun EK (A-2) along with a phone number to send drug. Arjun E.K. (A-2) went to DTDC Express courier services, Bommanahalli for sending the parcel on 24.03.2023. A-2 paid Rs.150/- as courier charge and Shering N S (A-3) sent Rs.500/- to Arjun E.K. (A-2) via UPI payment. He also revealed that he sent drug to Kerala from Bengaluru for three times In his statement, Sheria N S. (A-3) also revealed that Arjun EK (A-2) and Abdul Jaleel (A-1) are his friends and they are drug peddlers. Sherin NS (a-2) had a long friendship with Thanveer PB (A-6) and Thanveer PB visited his house at Bengaluru many times. Thanveer PB (A-6) is a drug supplier and he had many drug supplier friends in Bengaluru. Thanveer is also a friend of Abdul Jaleel (A-1) and Thanveer PB (A-6) arranged drugs to Abdul Jaleel (A-1) Abdul Jaleel (A-1) sent
