Abdul Raheem vs State Of Kerala

Mohammed Nias C.P., J

This is the second application for regular bail filed by the first accused in crime No.569/2023 of Kottakkal police station for offences punishable under Sections 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short ‘NDPS Act). The first bail application filed by the petitioner, B.A.No.9795/2023, was dismissed as withdrawn by order of this Court dated 12.12.2023.

The prosecution allegation is that on 13.05.2023 at 6.30 p.m., at Mammalipadi, accused Nos.1 to 3 were found transporting 1350 grams of ganja in a car bearing Registration No.KL-54-B-1199 for the purpose of sale. The first accused was arrested and the other accused ran away. The petitioner is in judicial custody from 13.05.2023.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submits that there was no seizure of any contraband from him and that he was not present either in the vehicle or during the police inspection and it was only on the basis of an alleged confession of the first accused that he was implicated in the crime. He pleads innocence and seeks bail.

The learned Public Prosecutor opposes the bail application pointing out that on 13.05.2023 while the detecting officer and the party were conducting a vehicle checking, the car, in which accused 1 to 3 were travelling, did not stop when asked to do so. The petitioner along with the third accused somehow managed to escape and it was later on 02.07.2023 that he was arrested from his estate and it was pointed out that the petitioner is a habitual offender and is included in several other criminal cases including NDPS cases. It is also pointed out that the petitioner was granted bail in a similar case by the Special Court on 05.04.2023 and it is after that the petitioner got himself involved in this crime.

Having perused the report filed by the Prosecutor, it is seen that the petitioner is involved in seven crimes, out of which two are under the NDPS Act itself. It is also stated therein that he is a hard core criminal residing within Kottakkal police station limits, against whom 107 Cr.P.C. proceedings are also initiated. A proposal for detention under KAAPA submitted against him is also pending. It is seen that, by orders dated 05.04.2023, the petitioner was granted bail in a similar offence and thereafter that he got involved in the present crime.

Taking into account the above facts and also the propensity of the petitioner to repeatedly commit crimes, that too under the provisions of the NDPS Act, I am inclined to accept the apprehension raised by the prosecution that he will repeatedly commit crimes and is a threat to the society. Under the above circumstances, I am not inclined to grant bail to the petitioner. Accordingly, the application is dismissed.