Anoop vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the 3rd accused in Crime No.5/2021 of Excise Range Office, Kattakkada, Thiruvananthapuram, alleging commission of offences under

Sections 20(b)(ii) (C ), 8(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’).

Allegation against the petitioner is that on 01.10.2021, at about 12.45 am, the petitioner along with accused Nos.2 and 3 were found in possession of

187 kg of ganja.

Learned counsel appearing for the petitioner would submit that even going by the allegations raised against the petitioner/3rd accused, he was

engaged only in loading of ganja on to a vehicle. It is submitted that the petitioner was totally unaware of the substance that was being loaded and he

cannot be said to be involved in the matter at all. It is submitted that the drugs were admittedly, not recovered from the possession of the petitioner. It

is submitted that the CC TV images also show that the petitioner was only involved in loading of goods into a vehicle. It is also submitted that the

petitioner may be directed to be released on bail.

Learned Public Prosecutor vehemently opposes the grant of bail. It is pointed out that the case involves commercial quantity of ganja and therefore,

Section 37 of the NDPS Act applies. It is submitted that a portion of the total ganja recovered was on the basis of the information given by the

petitioner/3rd accused. It is submitted that this shows that he was fully aware of the fact that what was being transacted is ganja. It is submitted that

the petitioner is not entitled to be released on bail.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am not inclined to

hold that there are reasonable grounds to believe that the petitioner is not guilty of the offences alleged against him. It appears from the record that

there is sufficient material to connect the petitioner with the contraband. The provisions of Section 37 of the NDPS Act are attracted and the

petitioner cannot be granted bail unless there are reasonable grounds to believe that he is not guilty of the offences alleged against him.

In the result, this bail application will stand dismissed.