Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 CRL.MC NO. 5925 OF 2022 AGAINST THE ORDER/JUDGMENT CRMP 1773/2022 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONER/ACCUSED NO.5 :- DAVOOD, AGED 32 YEARS S/O SHAMSUDHEEN, RAYMMARAKKAR HOUSE, MULLASSERY VILLAGE,PADOOR DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680509 BY ADVS. V.V.JOY RAJIT ANJANA GOVIND RESPONDENT/STATE :-
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM-682031. 2 INTELLIGENCE OFFICER, NERCOTICS CONTROL BUREAU, SOUTH-ZONE, COCHIN- REPRESENTED BY PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM-682031. BY SRI.T.R.RENJITH, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioner herein is the 5th accused in O.R.No.5 of 2021 of the NCB
Sub Zone, Kochi. He has approached this Court challenging Annexure-C order
passed by the Court of Sessions, Ernakulam. By the aforesaid order, the learned Sessions Judge, by partly allowing the application for modification of condition imposed at the time of grant of regular bail, rejected the request to modify condition No.6.
2. The petitioner stands arrayed as the fifth accused in the above
Occurrence Report. The officers from the NCB, Cochin Office, seized approximately 3.5 kilograms of Hashish Oil from the office of a courier company based on source information. This oil was packaged in plastic containers bearing the label "Kotakkal Arya Vaidya Sala," and was deceptively presented as Ayurvedic medicines. It was dispatched via courier, with the consignor's address matching that of the petitioner. Upon investigation, the petitioner's involvement was confirmed, leading to his designation as an accused. The petitioner sought bail and the learned Sessions Judge, taking note that the primary accused had been granted bail, granted the petitioner's request, albeit with strict conditions. Condition No. 3 mandated the
petitioner's periodic appearance before the investigating officer. Additionally, Condition No. 6 prohibited the petitioner from departing from the State of Kerala.
3. The petitioner filed an application seeking modification of
conditions. He stated in his application that the petitioner was working as a Guard at the Bahrain Police Department and he was urgently required to join his employment. He also asserted that his family depends on the salary from his employment. The NCB objected to the request and highlighted the serious nature of the allegations against the petitioner. It was also pointed out that this Court while disposing of the application for regular bail filed by the 1st accused had ordered the learned Sessions Judge to expedite the trial and conclude the same within three months.
4. The learned Sessions Judge, after considering the rival submissions, deleted condition No.3 and refused to modify condition No. 6.
5. Sri.V.V.Joy, the learned counsel appearing for the petitioner,
submitted that the order passed by the learned Sessions Judge cannot be sustained under law. It is submitted that the final report has been laid after concluding the investigation. While granting bail, there was no stipulation that the petitioner shall surrender his passport and if that be the case no inhibition can be placed on the petitioner from going overseas. Though this court had ordered that the trial be expedited,
6. The contention of the petitioner is vehemently opposed by the
learned Public Prosecutor. Referring to the objection filed before this Court, it is submitted that as the twin conditions under Section 37 of the NDPS Act was not satisfied before granting bail, an application for cancellation of bail has been preferred before the Court. Highlighting the serious nature of the allegations against the petitioner which involves the trafficking of commercial quantities of narcotics, it is submitted that the likelihood of the petitioner making himself scarce cannot be ruled out.
7. I have considered the submissions advanced, and I have gone
through the records made available. There is no dispute that the accusations against the petitioner are extremely grave as it concerns the trafficking of narcotic drugs. This Court has directed the learned Sessions Court to expedite the proceedings and conclude the trial within 3 months. The learned Sessions Judge was persuaded by the submission of the NCB that the petitioner may make himself scarce if condition No. 6 is modified or diluted. The learned Sessions Judge was well justified in refusing to modify or set aside the condition. The apprehension is reasonable, and in the facts and
circumstances, I am of the view that no interference is warranted. This petition is dismissed. Sd/- RAJA VIJAYARAGHAVAN V, JUDGE SMA APPENDIX OF CRL.MC 5925/2022 PETITIONER ANNEXURES :- Annexure A A TRUE COPY OF THE BAIL ORDER DATED 09.05.2022 IN CRL.M.C.NO.939/2022 IN OR.NO.5/2021 OF THE NCB SUB ZONE,KOCHI Annexure B A TRUE COPY OF THE APPLICATION DATED 01.07.2022 IN CMP NO.1773/2022 IN OR.NO.5/2021 OF THE NCB SUB ZONE, KOCHI Annexure C A TRUE COPY OF THE ORDER OF THE LEARNED
DISTRICT AND SESSIONS COURT, ERNAKULAM, DTD. 04.08.2022 IN CMP. NO.1773/2022 IN CRL.M.C.NO.939/2022 IN OR.NO.5/2021 OF THE NCB SUB ZONE, KOCHI