Febin Freddy vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is arrayed as the 8th accused in Crime No.245 of 2022 of Koratty Police Station, alleging commission of offence punishable under Sections 20 (b)ii)C and 27A read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 and Section 34 of Indian Penal Code 1860. The allegation in the crime is that accused had transported total 10.730 kgs of hashish oil for the purpose of sale through Thrissur - Angamaly road on 02/03/2022.

Petitioner submits that 6th accused in the crime is a friend of the petitioner who had earlier worked together. The 6th accused is now carrying out construction activities. Whenever the 6th accused needed money to pay his employees, he used to contact this petitioner and the he has transferred some amounts as demanded by the 6th accused to pay his employees. Just because an amount of Rs.70,000/- was transferred by him to the account of the 6th accused in the month of February 2022, the petitioner is arrayed as the 8th accused in the above crime even without any evidence to connect this petitioner with the said crime. Petitioner submits that he is arrested on 08.08.2022 and he is in custody since then.

Learned Public Prosecutor seriously opposed the application for bail and submitted that petitioner is arrested only on 08.08.2022. He has earlier approached this Court filing B.A. No.7456 of 2022 which was dismissed by this Court as per Annexure A4. Huge quantity of contraband, i.e., 10.730 kgs of hashish oil was transported to the State for sale. As per the statement of the 7th accused, he came in contact with the 6th accused and he agreed to provide ganja and that the petitioner herein requested him that he require hashish oil and the amount of Rs.35,000/- sent by the petitioner was transferred to the account of the 6th accused and the 7th accused received Rs.5,000/- as commission and later an amount of Rs.30,000/- was transferred to the account of the 4th accused and obtained 250 ml of hashish oil and handed over the same to the petitioner and later the petitioner has transferred an amount of Rs.30,000/- to his account and further that Rs.35,000/- was again sent by the petitioner to the account of the 7th accused. The account statement has been obtained and the details are being enquired into. On the basis of the same, the learned Public Prosecutor submitted that the petitioner has financed the commission of the offence and further that investigation is going on regarding the bank transfers, etc.

The investigation in the case is going on. The alleged contraband is admittedly of a commercial quantity. Investigation so far conducted shows the involvement of the petitioner in the present crime. Since the quantity involved is a commercial one, the rigor of Section 37 of the NDPS Act will come into play. Since the investigation against the petitioner is only at the initial stage, I am not inclined to grant bail to the petitioner at this stage.

The bail application is accordingly dismissed.