Ali Shakeer vs State Of Kerala

C.S.Dias, J

The applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘the BNSS’ for short), by the accused 1 and 2 in Crime No. 757/2024 of the Thrikkakara Police Station, Ernakulam, which is registered against the accused persons for allegedly committing the offences punishable under Sections 20(b)(ii)(B) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’). The petitioners were arrested on 28.08.2024. B.A.No.7963/2024 is filed by the first accused, and B.A.No.7796/2024 is filed by the second accused. As the applications arise out of the crime., they are consolidated, jointly heard, and are being disposed of by this common order.

The essence of the prosecution case is that: on 27.08.2024, at around 23:30 hours, the accused 1 and 2 were found in conscious possession of 1.187 kg of ganja and 29 grams of hashish oil. Thus, the accused have committed the above offences.

Heard; Sri. K.K. Dheerendrakrishnan and Sri. Rameez Nooh, the learned counsel for the petitioners, and Sri. C.S. Hrithwik and Smt. Seetha.S., the learned Public Prosecutors.

4 The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. In any given case, the petitioners have been in judicial custody since 27.08.2024, the contraband that was allegedly seized from the petitioner is of an intermediate quantity, the investigation in the case is practically complete, and the recovery has been effected. Therefore, the petitioners’ further detention is unnecessary. Hence, the application may be allowed.

The learned Public Prosecutors opposed the application. They submitted that the investigation in the case is in progress. They also stated that if the petitioners are let off on bail, there is every likelihood of them committing a similar offence. Hence, the application may be dismissed. Nonetheless, they did not dispute the fact that the contraband involved in the case is of an intermediate quantity.

After bestowing my anxious consideration to the facts, the rival submissions made across the Bar, and the materials placed on record, especially on considering the fact that the contraband allegedly seized from the petitioners is of an intermediate quantity, that the petitioners have been in judicial custody since 27.08.2024, that the investigation in the case is complete, and recovery has been effected, I am of the view that the petitioners’ further detention is unnecessary. Hence, I hold that the petitioners are entitled to be released on bail.

In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioners shall appear before the Investigating Officer as and when required;

(ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioners shall not commit any offence while they are on bail;

(iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file affidavits to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law;

(vi) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below;

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].