Jabir. P.P vs State Of Kerala

K.Haripal, J

The petitioner is the first accused in NDPS Crime No.26/2020 of Excise Enforcement and Anti Narcotic Special Squad, Malappuram, which was

registered alleging offence punishable under Section 20(b)(ii)(c) read with 29(1) of the NDPS Act. The petitioner was arrested for the case on

03.10.2020 and since then he is in judicial custody.

According to the learned counsel for the petitioner, even after the expiry of 180 days the charge sheet is not laid. On the eve of completion of 180

days, the Investigating Officer had moved a request with an endorsement by the Public Prosecutor for extension of time. That prayer was allowed by

the Special Court. Accused Nos. 2 to 4 challenged that order granting extension of time before this Court and by order dated 14.07.2021 in

Crl.M.C.Nos. 2712/2021 and 2901/2021, the said order dated 31.03.2021 of the Special Judge, NDPS Act cases, Manjeri was quashed by this Court.

The learned counsel further submits that on the date of expiry of 180 days, his application for bail was pending. In this connection, he has relied on the

decision in Ravindran M v. Intelligence Officer, Directorate of Revenue Intelligence [2020 (6) KLT 127]. This Court had found that, on the date of

expiry of 180 days, there was no valid application for extension of the period of investigation. As a necessary corollary, the petitioner is also entitled to

get statutory bail and therefore, he shall be released on bail on the following conditions:-

i) The petitioner shall execute a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

court;

ii) He shall appear before the Investigating Officer/ Special Court, as and when necessary;

iii) He shall not leave the jurisdiction of Malappuram revenue district, without leave of the Special Court;

iv) Shall surrender his passport before the Court within 10 days of release; If they do not possess passport, affidavits shall be filed to that effect;

v) He shall not try to contact or influence the witnesses or tamper with the evidence;

vi) Shall not involve in any crime during the period on bail;

vii) Shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

viii)If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

The bail application is allowed as above.