SHAHAD SAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 2nd accused in crime No.169/2021 of Nallalam police station, which was registered on 5/5/2021 alleging offence under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as the NDPS Act. The allegation is that, that day the Sub Inspector and party of Nallalam police station had found the petitioner who is the 2nd accused, along with the 1st accused, in possession of 12.050 grams of MDMA. To be more specific, the 1st accused had possessed 8.250 grams of MDMA whereas the petitioner was found in possession of 3.800 grams, thus taking the quantities together the crime was registered under Sec. 22(c) of the NDPS Act, both were arrested from the spot along with the contraband and since then he is in judicial custody. This is the third application for bail moved by the petitioner. The first application was dismissed by this Court by order dtd. 13/8/2021 on B.A. No.5562/2021. Both of them moved again with B.A. 8545/2021. Then the Court found that the quantities held by the petitioners should be reckoned separately. In that case, the 1st petitioner had carried only 8.250 grams of MDMA and he was granted bail on certain conditions. However, the case of the petitioner was distinguished and taking into account the submission of the learned Public Prosecutor that he is involved in two other cases under the NDPS Act and taking him as a habitual offender of similar nature, his application was dismissed. The petitioner has moved again under Sec. 439 of the Code of Criminal Procedure.

(2.) I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

(3.) At first, the learned counsel for the petitioner disputed the contention that the petitioner is involved in two other cases of similar nature. Then the Inspector of Nallalam police station was directed to file a statement detailing the cases involved by him. Accordingly, a statement was filed. Going by the statement it is seen that two cases were registered against the petitioner under the NDPS Act. The first one is crime No.320/2019 of Bepur police station registered under Sec. 27(b) of the NDPS Act. The allegation was that on 23/6/2019 he was found smoking ganja beedi in public place and that was how crime 306/2019 was registered and the final report was laid before the Judicial First Class Magistrate's Court-I, Kozhikode as S.T. 777/2019. On 5/9/2019 the petitioner confessed the guilt and paid a fine of Rs.2,500.00 before the Court. The second crime was registered on 29/7/2021 as crime No.320/2019 of Bepur police station, also under Sec. 27(b) of the NDPS Act after finding the petitioner smoking ganja beedi in public place. That case has been charged before the Judicial First Class Magistrate-V, Kozhikode where the case is pending as C.C.868/2019, and NBW is pending against the petitioner.