Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, 1945 BAIL APPL. NO. 10050 OF 2023 CRIME NO.25/2023 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, PALAKKAD PETITIONER/ACCUSED NO.2(IN CUSTODY FROM 25.5.2023.): AKHIL, AGED 25 YEARS, S/O UDAYAN, KALAYATT VEEDU, KUMARAPURAM DESOM, EZHUPUNNA EAST VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688524 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA ALWIN JOSEPH RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 EXCISE INSPECTOR, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD , PALAKKAD DISTRICT, PIN - 678001 BY SMT. NIMA JACOB PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 1st day of December, 2023 This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The applicant is the accused No.2 in Crime No.25 /2023
of Excise Enforcement and Anti Narcotic Special Squad, Palakkad. The offences alleged are punishable under Sections 20(b) II (A), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case, in short, is that on 25.05.2023 at
around 03.10 p.m, at platform No.3 of the railway station, Palakkad, the applicant, along with the accused No.1, were found in possession of Hashish 50.85 grams, Charas 8.65 grams and LSD 0.500 grams and thereby, the applicant committed the offences.
4. I have heard Sri.P. Muhammed Sabah, the learned counsel for the applicant and Smt.Nima Jacob, the learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the
present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on
25.05.2023 and the investigation is practically over. A reading of the mazahar would show that, at the time of the seizure, the applicant and the accused No.1 were standing on the railway platform. The detecting officer found the accused No.1 handing over a packet to the applicant. On inspection, it was found that it contained Hashish weighing 50.85 grams. Thereafter, the body search of both the applicant and the accused No.1, were conducted in the presence of a Gazetted Officer, complying with Section 50 of the NDPS Act. On such body search, Charas weighing 8.65 grams was recovered from the body of the applicant and LSD weighing 0.500 grams was also recovered from the body of the accused No.1. The railway ticket from New Delhi to Ernakulam Junction was also seized from the possession of the accused No.1. Thus, what was seized from the possession of the
applicant is Hashish weighing 50.85 grams and Charas weighing 8.65 grams only. Both of them are small quantities. What was seized from the accused No.1 is LSD weighing 0.500 grams, which is commercial quantity. Apart from the fact that the applicant and the accused No.1 were found together on the platform, there is nothing on record to show the involvement of the applicant so far as the LSD seized from the possession of the accused No.1 is concerned. Hence, the rigour of Section 37 of the NDPS Act would not be attributed to the applicant. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the investigation.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of the
prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/- DR. KAUSER EDAPPAGATH JUDGE mtk APPENDIX OF BAIL APPL. 10050/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE OCCURRENCE REPORT IN NDPS CRIME NO. 25 OF 2023 OF EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD STATION, PALAKKAD DISTRICT Annexure 2 TRUE COPY OF THE SEIZURE MAHAZAR IN NDPS CRIME NO. 25 OF 2023 OF EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD STATION, PALAKKAD DISTRICT Annexure 3 TRUE COPY OF THE ORDER DATED 20.06.2022 IN B.A. NO. 2573/2022 PASSED BY THIS HONOURABLE COURT