Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

No Bail for Possession of Commercial Quantity of Contraband: Kerala High Court Applies Stringent Measures Under NDPS Act

07 May 2024 8:19 AM

By: Admin


The Kerala High Court, presided over by Mr. Justice C.S. Dias, denied bail to two accused in a significant narcotics case involving possession of a commercial quantity of Methamphetamine. The bail applications, numbered 8777 of 2023 and 5877 of 2023, were filed by Sirajudheen and Riyas Puthusseri, the 2nd and 3rd accused, respectively, under Section 439 of the Code of Criminal Procedure, 1973.

The case pivoted on accusations of possession of 499.28 grams of Methamphetamine. Originally identified as MDMA, the seized substance turned out to be Methamphetamine upon laboratory analysis. This quantity falls under the category of 'commercial quantity' as per the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Defence counsel argued that the accused were falsely implicated, highlighting alleged procedural violations in the seizure, storage, and analysis of the contraband. They pointed to the delay in forwarding the samples to the laboratory as a significant flaw, potentially prejudicing the accused.

The prosecution, however, maintained that the seizure was compliant with NDPS Act requirements. Citing previous Supreme Court and High Court judgments, they argued that the length of detention is irrelevant in cases involving commercial quantities of contraband under the NDPS Act.

In its judicial analysis, the High Court observed that the determination of procedural compliance and resultant prejudice should be assessed at trial. The Court's focus was on Section 37 of the NDPS Act, given the commercial quantity involved. This section imposes stringent conditions on bail in cases involving commercial quantities of contraband.

Ultimately, the Court denied bail, stating, "After comprehending the nature, seriousness, and gravity of the accusations...I do not find any reasonable ground to hold that the petitioners have not committed the offences alleged against them." The decision was anchored on the nature of the offence, the quantity of contraband, and the stringent parameters under Section 37 of the NDPS Act. The Court also emphasized that its observations were solely for bail consideration and should not influence the trial court's decision.

Date of Decision: 1st March 2024

Sirajudheen & Anr. Vs. State of Kerala

Latest Legal News