Jithinraj vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No. 10/2020 of Thiruvananthapuram unit of the Excise Enforcement and Anti- Narcotic Special Squad, which is

now pending after filing of final report, as S.C. No.553/2021 on the file of the Additional District and Sessions Court-V, Thiruvananthapuram, alleging

commission of offences under Sections 8(c), 20(b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

Learned counsel appearing for the petitioner submits that the case involves the recovery of 500 kilograms of ganja from accused Nos.1 and 2. It is

submitted that the other accused in the case, including the petitioner herein, were roped in alleging a criminal conspiracy. It is submitted that even

going by the materials collected during investigation, the only aspect to connect the petitioner with the incident is the fact that the petitioner has

transferred certain money to the bank account of the 3rd accused. It is submitted that the petitioner and the 3rd accused had other business

relationships and that the amount transferred by the petitioner to the account of the 3rd accused cannot be a sole reason to allege that the petitioner is

part of the conspiracy. It is submitted that the fact that the mobile phone of the petitioner was recovered from the 2nd accused, according to the

learned counsel appearing for the petitioner, is no reason to hold that the petitioner was part of the conspiracy as the petitioner was dealing in cattle

and accidentally he had placed his phone on a lorry bringing cattle from Karnataka.

Learned Public Prosecutor submits that since the case involves such a huge quantity of contraband ganja, it will not be appropriate now to wade

through the evidence or the contents of the final report to determine, even prima facie, as to whether the petitioner has any direct involvement in the

case. It is submitted that the submission of the learned counsel appearing for the petitioner that there is nothing to prove that he was part of the

criminal conspiracy is a matter for trial depending on the evidence that may be available against the petitioner.

In the facts and circumstances of the case, it will not be proper to allow the Bail Application. Since the final report has already been filed in the

matter, I am of the view that it is for the petitioner to approach the trial court for bail.

Learned counsel appearing for the petitioner, however, expresses an apprehension that since the bail applications of other accused have already

been rejected by this Court, the trial court may not consider any bail application filed by the petitioner on merits.

Having regard to the facts and circumstances of the case and without going into any other aspect, this bail application will stand disposed of,

directing that if the petitioner files an application for bail before the trial Court (District and Sessions Court-V, Thiruvananthapuram), the same shall be

considered on its merits, untrammeled by any observation in any order passed by this Court rejecting the bail application of the other accused. I make

it clear that I am not expressing any opinion on merits on any of the contentions raised by the petitioner and they have been noted only for the purpose

of disposal of this bail application.