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Bail application is dismissed as there are materials which have been collected by the prosecution to establish that the petitioner had financed the procurement of narcotic drugs : High Court of Kerala

Prosecution have collected materials which establish that the petitioner has financed the procurement of drugs and the petitioner had helped accused Nos.6 to 8 to flee from the spot in his vehicle and had also harboured them was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P in the case of MOHAMMED SHAREEF P.K vs STATE OF KERALA (BAIL APPL. NO. 1105 OF 2022) on 16th March, 2022.

Brief facts of the case are that the allegation against the petitioner is that the petitioner along with accused Nos.9, 10 and 11 conspired with accused Nos.1 to 8 to procure a huge quantity of Ganja from Andra Pradesh. It is alleged that while accused Nos.1 to 8 had gone to Andhra Pradesh to procure the Ganja, accused Nos.9 to 12 including the petitioner herein had financed the entire transactions by paying various amounts to accused.

Learned counsel appearing for the petitioner submit that the petitioner is absolutely innocent in the matter and there is absolutely no evidence to connect the petitioner with the crime in any manner. It is submitted that there is no evidence whatsoever collected by the prosecution to show that the petitioner had paid any amount to the 1st accused. Petitioner has been in custody from 21.11.2021 and his continued detention is, any way, not necessary for the purposes of any investigation as a final report has already been filed in the matter.

Learned Public Prosecutor opposes the grant of bail, the specific allegation against the petitioner is that under Section 27A of the NDPS Act. There are materials which have been collected by the prosecution to establish that the petitioner had financed the procurement of narcotic drugs by accused Nos.1 to 8.  And even if this part is ignored, the petitioner had helped accused Nos.6 to 8 to flee from the spot in his vehicle and had also harboured them and which shows that he has direct involvement in the matter.

In the view of facts and circumstances of the case, the Court opined that that the petitioner has not made out any ground to hold that the petitioner has satisfied the twin conditions in Section 37 of the NDPS Act for grant of bail. The bail application fails and it is accordingly dismissed.

Click here to read the Judgment

Judgment reviewed by – Amit Singh

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