Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943 BAIL APPL. NO. 324 OF 2022 CRIME NO.853/2021 OF ANGAMALY POLICE STATION, ERNAKULAM APPLICANT/ACCUSED NO.6: SURESH AGED 33 YEARS S/O. SUBAIHA, BALAMURUGA NAGAR, THIRUVALLOOR CITY, TAMIL NADU. BY ADV SRI. V.A.JOHNSON VARIKKAPPALLIL RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. SRI. NOUSHAD K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for regular bail.
2. The petitioner is the 6th accused in Crime No.853 of 2021 of Angamaly Police Station, alleging commission of offences under Sections 22(c), 8(c) and 27A and 29 of Narcotic Drugs and Psychotropic Substances Act.
3. The allegation against the petitioner is that he along with the other accused procured about 2.018 Kgs. of MDMA from Chennai and transported the same to Kerala in a vehicle bearing registration No.KL-40 N-5444.
4. The learned counsel for the petitioner submits that apart from
the evidence of the transfer of Rs.3 lakhs by one of the accused to the account of the petitioner, there is no material whatsoever with the prosecution to link the petitioner with the above crime. It is submitted that there is no recovery of any contraband from the petitioner. It is submitted that the petitioner has been in custody from 14.06.2021 and since a final report has already been filed in Crime No.853 of 2021, his continued detention is not necessary for the purposes of any investigation. It is submitted that the petitioner is absolutely innocent in the matter and
prima facie, there are no materials to hold that the petitioner had committed the offences alleged against him. It is submitted, therefore, that despite the provisions of Section 37 of the NDPS Act, the petitioner is entitled to be released on bail.
5. The learned Public Prosecutor, on instructions, submits that
the investigation conducted in the case revealed that the petitioner was an active participant in the conspiracy to bring the aforesaid quantity of MDMA into the State of Kerala. It is submitted that mobile phone details etc., obtained by the investigating agency revealed that the petitioner was very much in Chennai with the other accused. It is submitted that this shows that the petitioner was actively involved in the crime. It is also submitted that there is also a fund transfer of an amount of Rs.3 lakhs from accused No.4 to the petitioner herein. It is submitted that there is no material to hold even prima facie that the petitioner is not guilty of the offences alleged against him.
6. Having heard the learned counsel for the petitioner and the
learned Public Prosecutor, I find no material whatsoever to hold even prima facie that the petitioner is not guilty of the offence alleged against him. The contention that the petitioner was in Chennai with the other accused for genuine purposes etc., are matters for evidence. Therefore, since the quantity of contraband involved is in commercial quantity, I am of the view that, the petitioner is not entitled to bail going by provisions of Section 37 of the NDPS Act. Accordingly, the bail application will stand dismissed. Sd/- GOPINATH P. JUDGE SPR