Dipeesh vs State Of Kerala

P.V.Kunhikrishnan, J

The petitioner is the accused in crime No. 7/2021 of Excise Circle Office North Paravur, Ernakulam District. The above case is registered against the petitioner alleging offences punishable under Secs. 20(b) (ii) (B) (C) and 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution case is that on 10.2.2021 at about 4.30 pm, the 2nd respondent and his team while on patrol duty reached near Shishubhavan bus stop near Vadakkumpuram-Kottukad road, the accused persons who were coming opposite side in a Yamaha Ray scooter and upon seeing the vehicle, the 2nd accused take a sudden turn in a hurry and had fall down on the ground. When the excise officials helped the accused persons to get up, they tried to search over the accused and their vehicle and seized 6.696 kg of Ganja which was kept under the floor of the vehicle between the handle of the driver and 1.250 kg of Hashish oil, which was kept in the cabin under the seat. Hence, it is alleged that the accused committed the offences. This is the 2nd bail application filed by the petitioner.

Heard the learned counsel for the petitioner and the Addl. Director General of Prosecution, who appeared for the respondents.

The counsel for the petitioner contended that the accused is in custody from 10.2.2021 and he is ready to abide any conditions, if this Court grant him bail. On the other hand, the Addl.Director General of Prosecution seriously opposed the bail application and submitted that, further investigation is going on. It is submitted that, two months time is necessary to complete the further investigation. When this bail application came up for consideration, this Court directed the Registry to get a report from the trial court about the time required to dispose the matter. The learned Judge informed this Court that the case can be disposed within three months of the receipt of the further report. The prosecution case is that the petitioner was found in possession of commercial quantity of Hashish oil. In such circumstances, this Court rejected the bail application. I see no reason to grant bail to the petitioner at this stage. Since the ADGP submitted that the further investigation will be completed within two months, the trial court will expedite the trial immediately after getting the further report.

Therefore, this bail application is disposed of with the following directions :

1) The bail application of the petitioner is rejected.

2) The 2nd respondent is directed to submit the further report within two months from today before the competent court.

3) Once the further report is received, the trial court will dispose the matter within three months from the date of receipt of the further report.