High Court of KeralaSingle JudgeBail applications rejected.

Althaf v. State of Kerala

Case / Petition Number:BA Nos.10485 of 2023 & 689 of 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Mohammed Nias C.P.
Judgment Date
2024-03-15
Court Decision / Holding
Bail applications rejected.
Final Disposition
Bail applications rejected.

Parties to the Case

Appellants / Petitioners

  • Althaf
  • Videep

Respondents

  • State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. Biju C. Abraham
  • • Adv. K.K. DheerendraKrishnan
  • • Adv. N.P. Asha
  • • Adv. Sumodh Madhavan Nair

Counsels for Respondents

  • • Public Prosecutor, High Court of Kerala (Smti. Nima Jacob)

Case Synopsis & Summary

This is a joint bail petition before the Kerala High Court concerning two accused persons, Althaf (Accused No.2) in BA No.10485/2023 and Videep (Accused No.4) in BA No.689/2024, in Crime No.399/2023 of Chavara Police Station, Kollam. The charges pertain to possession of illicit drugs under the Narcotic Drugs and Psychotropic Substances Act, 1985 – 207.9 grams of MDMA and 34.6 grams of Ganja allegedly transported from Bangalore. The petition seeks regular bail under Section 439 CrPC, arguing that there is no direct seizure or link tying the petitioners to the contraband and that the material consists largely of co-accused confessions and call records which are not independently corroborated. The prosecution counters that call data, money transfers via UPI, and the involvement of A5 (who was granted bail previously) collectively indicate the petitioners’ involvement in trafficking and that Sec.37 NDPS Act warrants denial of bail. The court notes that A5’s bail rested on unique circumstances of relationship with A1 and on lack of material beyond monetary transactions, citing a prior case. It also highlights that there are calls and transactions linking the accused with others and that the final report contains material to be proved at trial. Ultimately, taking into account the rigour required under Sec.37 NDPS and the overall materials, the court rejects both bail applications, denying bail to the petitioners.

Provisions of Law Cited

Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 22(c), 20(b)(ii)(A) and 29Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37Code of Criminal Procedure, 1973 – Section 439

Legal Doctrines & Maxims

  • Rigour under Section 37 NDPS Act in bail considerations
  • Toofan Singh v. State of Tamil Nadu (AIR 2020 SC 5592) — caution against reliance on coerced/co-accused confessions and the need for corroboration

Submissions & Arguments

Contentions of Appellants / Petitioners

Counsel for Althaf contends that he was merely a driver of the vehicle and that there was no seizure from him; the Co-accused’s confessional statements rely on the testimony of others and do not establish direct involvement, a point accentuated by citing Toofan Singh (AIR 2020 SC 5592) which cautions against relying solely on confessions. For Videep, the defense argues that apart from monetary transactions with A5, there is no binding material linking him to the contraband; A5’s bail in a related matter rested on unique facts and should not create parity with the present petitioners. Both submissions challenge the credibility and sufficiency of the prosecution’s final report, urging bail under Section 439 CrPC and contending that Sec.37 NDPS should not bar bail where evidence is primarily based on statements and uncorroborated transactions.

Contentions of Respondents

The State/PP asserts the presence of call data records between A4 and A1, and monetary transactions via A5 that connect the accused to the trafficking network. It notes MDMA and Ganja quantities reflect trafficking, justifying refusal of bail under Sec.37 NDPS. The charge sheets against A1–A3 and A5 and the separate report for A4 are cited to show ongoing investigation and seriousness of the offence. The State argues for strict bail denial given NDPS’s stringent regime and the need to safeguard public interest and ensure trial progress.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Toofan Singh v. State of Tamil NaduAIR 2020 SC 5592PositiveCited to support the proposition that confessions by co-accused cannot be sole basis for linking an accused to the offence; corroboration is required, influencing the court’s view on the weight of co-accused statements in bail considerations.
State by (NCB) Bengaluru and others v. Pallulabid Ahmad Arimutta and others2022 (1) KHC 853DistinguishedCited to illustrate a prior bail grant in a related matter due to specific facts (relationship and limited evidence). The present case differentiates those facts and reasons that parity with A1 cannot be claimed, thus distinguishing the precedent.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 15[TH] DAY OF MARCH 2024 / 25TH PHALGUNA, 1945** **BAIL APPL. NO. 10485 OF 2023** **CRIME NO.399/2023 OF CHAVARA POLICE STATION, KOLLAM** ## **PETITIONER/ACCUSED NO.2:** **ALTHAF, AGED 21 YEARS S/O. SHEREEFKUTTI, ALTHAF MANZIL, VELLIMON, NATHIRIKKAL, KUNDARA, KOLLAM, PIN - 764002** **BY ADV BIJU .C. ABRAHAM** ## **RESPONDENT/COMPLAINANT & STATE:** **STATE OF KERALA,** **REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031** **BY SMT.NIMA JACOB, PP** **THIS BAIL APPLICATION HAVING COME UP FOR FINAL HEARING ON** **13.03.2024, ALONG WITH BAIL APPL..689/2024, THE COURT ON 15.3.2024 DELIVERED THE FOLLOWING:** -2- BA Nos.10485 of 2023 & 689 of 2024 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 15[TH] DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 BAIL APPL. NO. 689 OF 2024** **CRIME NO.399/2023 OF CHAVARA POLICE STATION, KOLLAM** ## **PETITIONER/ACCUSED NO.4:** **VIDEEP, AGED 24 YEARS S/O. VIKRAMAN PILLAI, ROHINI, PANTHAPLAVU.P.O., PATTAZHY, KOLLAM, PIN - 691522** **BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA SUMODH MADHAVAN NAIR** ## **RESPONDENT/COMPLAINANT & STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031** **BY SMT.NIMA JACOB, PP** **THIS BAIL APPLICATION HAVING COME UP FOR FINAL HEARING ON 13.03.2024, ALONG WITH BAIL APPL..10485/2023, THE COURT ON 15.3.2024 DELIVERED THE FOLLOWING:** -3- BA Nos.10485 of 2023 & 689 of 2024 ## **MOHAMMED NIAS C.P., J.** **- - - - - - - - - - - - - - - - - - - - -** BA Nos.10485 of 2023 & 689 of 2024 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15[th] day of March, 2024 ## **O R D E R** BA No.10485/2023 is filed by the third accused, while BA No.689/2024 is filed by the fourth accused in Crime No. 399/2023 of Chavara Police Station, Kollam district, for having committed offences punishable under Sections 22(c), 20(b)(ii)(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act,1985 under Section 439 of the Code of Criminal Procedure seeking regular bail. 2. The allegation against the petitioner is that on 08.03.2023 at around 1.30 a.m., at Chavara, the accused were found in possession of 207.9 grams of MDMA and 34.6 grams of Ganja, which they were found transporting from Bangalore, and thus committed the above offences. 3. The petitioner in BA No.689/2024 submits that the seizure was from accused Nos.1 and 3 and thereafter that A4 and A5 were implicated in the Crime. Learned counsel also argues that as far as A4 is concerned, -4- BA Nos.10485 of 2023 & 689 of 2024 except for transactions between him and A5, there are no other transactions with A1 to A3. It is pointed out that A5 was enlarged on bail by this Court in BA No.8572/2023 dated 10.11.2023 therefore, the fourth accused may also be enlarged on bail. 4. The Learned Public Prosecutor opposing the bail application submits that the call data records clearly showed several calls between A1 and A4 during the relevant period and also transactions between A5 and A4. 5. A report has been filed by the Prosecutor stating that A4, who studied at Bangalore, used to hand over the MDMA regularly to A1 after receiving money through UPI transactions done by A5 and that there were transactions amounting to Rs.30,000/- with A5. The charge sheet against A1, A2, A3 and A5 was submitted on 26.08.2023, and the charge sheet against A4 was submitted on 18.01.2024 and the case is now under trial as SC No.1168/2023. It is also submitted that a report has been submitted to the Sessions Court, Kollam, for conducting custodial trial and is under consideration by the said court. 6. Learned counsel for the petitioner refuting the above allegations submits that no details of any calls with A1 find a place in the final report, and as such, the report of the Prosecutor cannot be relied on as the other -5- BA Nos.10485 of 2023 & 689 of 2024 material is the confession of the co-accused which also cannot be accepted going by the judgment of the Supreme Court in **Tofan Singh vs The State Of Tamil Nadu (AIR 2020 SC 5592)** 7. With respect to BA No.10485/2023, learned counsel submits that he was only a driver of the vehicle in which A1 to A3 travelled, and there was no seizure from him. 8. Learned prosecutor submitted that A1 to A3 travelled to Bangalore to procure the contraband, there are enough materials to show his involvement, and the quantity of contraband involved 207.9 grams of MDMA and 34.6 grams of Ganja which showed that they were dealing in different types of contraband. It is submitted that Section 37 of the NDPS Act applies, and the petitioners are not entitled to bail. 9. Having considered the rival submissions, it is to be noticed that A5 in the above case was granted bail, clearly finding that apart from the confession there was no material to connect the said accused except the monetary transaction with A1 whose sister A5 was going to marry and it is on account of the relationship between A1 and A5 that the amounts were being transferred, and it was under the said circumstances, this Court granted bail relying on the judgment in **State by (NCB) Bengaluru and others v. Pallulabid Ahmad Arimutta and others** [2022 (1) KHC 853]. -6- BA Nos.10485 of 2023 & 689 of 2024 The accused in the instant case cannot claim parity with A1 for the reason stated above it is only on account of the relationship between A1 and A5, and in the absence of other proof, bail was granted. 10. In the instant case, the Public Prosecutor points out that as far as A3 is concerned, they have travelled along with A1 and A2, and contraband was seized from the vehicle which was driven by A3, and there was proof of they have travelled together. As far as A4 is concerned, apart from the monetary transaction, it is seen that there are several calls between him and A1 and the details in the CDR are also made available. Of course, these are all materials to be proved at the time of trial. However, taking note of the involvement of the petitioners, the report filed by the Prosecutor, the final report and also considering the rigour under Section 37 of the NDPS Act, I do not think that it is a fit case to grant bail to the accused. Accordingly, the bail applications are rejected. Sd/- ## **MOHAMMED NIAS C.P.** ## **JUDGE** dlk/13.3.2024 -7- BA Nos.10485 of 2023 & 689 of 2024 ## **APPENDIX OF BAIL APPL. 689/2024** ## **PETITIONER'S ANNEXURES** **ANNEXURE 1 ORDER DATED 28-11-2023 IN BAIL APPL.10029/2023 ON HIGH COURT ANNEXURE-II A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 399/2023 OF CHAVARA POLICE STATION, KOLLAM DISTRICT ANNEXURE-III A TRUE COPY OF THE ORDER DATED 10.11.2023 IN BA NO. 8572/2023** -8- BA Nos.10485 of 2023 & 689 of 2024 ## **APPENDIX OF BAIL APPL. 10485/2023** ## **PETITIONER'S ANNEXURES** |**ANNEXURE**|**1**|**A TRUE COPY OF THE FIR IN CRIME NO. 399/2023 OF**| |---|---|---| |||**CHAVARA POLICE STATION, KOLLAM**| |**ANNEXURE**|**2**|**A TRUE COPY OF THE ORDER DATED 7/11/2023 THUS**| |||**PASSED BY THE COURT OF THE ADDITIONAL SESSIONS**| |||**JUDGE II, KOLLAM**| |**ANNEXURE**|**3**|**A TRUE COPY OF THE ORDER DATED 10/11/2023**| |||**PASSED BY THIS HON'BLE COURT IN B.A. NO.**| |||**8572/2023**| |**ANNEXURE**|**4**|**TRUE COPY OF THE SEIZURE MAHAZAR DATED 8/3/2023**|