2025:KER:28973 BAIL APPL. NO. 4593 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 BAIL APPL. NO. 4593 OF 2025 CRIME NO.973/2024 OF Punalur Police Station, Kollam AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.1518 OF 2025 OF HIGH COURT OF KERALA PETITIONER/8TH ACCUSED: SIDDIQUE AGED 32 YEARS S/O SALAHUDEEN, IDATHARA VEEDU, ARAYEKKAR, PUNALUR PAPER MILLS P.O., VILAKKUDY VILLAGE, PUNALUR, KOLLAM, PIN - 691332 BY ADVS. NIRMAL V NAIR ANEES.T RESPONDENT/S TATE : STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SR PP-HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28973 BAIL APPL. NO. 4593 OF 2025 2 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A. No.4593 of 2025 ---------------------------------------------- Dated this the 04th day of April, 2025 ORDER This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the 8th accused in Crime No.973/2024 of the Punalur Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act) and Sections 111(2)(b) and 111(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS). 3. The prosecution case is that, 30.370 Kilograms of cannabis was recovered from accused Nos.1 and 2. Subsequently the petitioner who is an autorikshaw driver was also implicated as an accused. According to the prosecution, the autorikshaw of the petitioner was used by accused Nos.1, 5 2025:KER:28973 BAIL APPL. NO. 4593 OF 2025 3 and 6 to transport the contraband articles from Punnala Village to Karyotumala in Piravanthoor Village. It is the prosecution case that the petitioner is also actively involved in the case. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The counsel for the petitioner raised different contentions and submitted that even if the entire allegations are accepted, no offence is made out against the petitioner. The counsel submitted that the only allegation against the petitioner is that he was the owner of the autorikshaw, and except the same, no other materials are collected by the Investigating Officer. The counsel submitted that the petitioner is ready to abide any conditions if this Court grant him bail. The Public Prosecutor opposed the bail application and submitted that the petitioner is actively involved in this case and the investigation is going on. 6. Admittedly the investigation in this case is going on. The petitioner was arrested only on 09.12.2024. Admittedly the offence alleged against the petitioner as on today is that he is also involved in a case in which the allegation 2025:KER:28973 BAIL APPL. NO. 4593 OF 2025 4 is that the accused are found in possession of commercial quantity of Ganja. The Public Prosecutor submitted that the petitioner is involved in four other IPC offence cases also. 7. Since the allegation is that the petitioner was in possession of commercial quantity of Ganja, Section 37 of the NDPS Act is attracted. After going through the prosecution case, I am not in a position to say that the petitioner is not guilty of the offence and he will not commit similar offence in future. Therefore the petitioner is not entitled bail. This Bail Application is dismissed. sd/- P.V.KUNHIKRISHNAN JUDGE jv