Khais vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No. 11 of 2021 of Excise Range Office, Tirur registered alleging commission of offence punishable under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that based on the information received, the Excise Circle Inspector, Tirur conducted a search in the 2nd room at the 1st floor of the building belonging to one Rafeeq, Mudikkal house, Alungal desom and seized 40.5 kgs of ganja by preparing a mahazar. On getting information from the said Rafeeq that the said room was taken on rent by one Navas on 15.5.2021, the above said crime got registered against him for the above said offences.

Petitioner submits that he was arrested on 07.05.2022 and that he was made an accused on the basis of the confession statement that one Subeesh had transferred a sum of Rs.50,000/- to his account through the account of another person in connection with the offence alleged. Though the petitioner moved an application for bail before the Special Court for NDPS Act cases, Manjeri, the same was rejected by Annexure-1 order. Later on petitioner moved B.A.No.5833 of 2022 before this Court which also dismissed as per Annexure-2 order dated 01.08.2022.

Learned Public Prosecutor opposed the application for bail mainly contending that 40.5 kgs of ganja was seized from the possession of the 1st accused. The statement of the 1st accused revealed that it was the petitioner who has given the contraband to the 1st accused and it is further revealed that on verification of the call records, it is found that the petitioner had constant contact with the 1st accused and by verifying the tower location both of them were found nearby the building in which the contraband was kept. It is also submitted by the learned Public Prosecutor that an amount of Rs.49,000/- was transferred by the 1st accused to the account of the petitioner and the same was revealed on verification of the bank account details. It is also submitted by the Public Prosecutor that towards commission, Rs.50,000/- was also transferred to the account of the petitioner through the account of one Subeesh and based on this, learned Public Prosecutor submitted that petitioner had an active role in the commission of alleged offence. Learned Public Prosecutor upon instructions further submitted that the petitioner is involved in various other criminal cases of Tirur Police Station, ie., Crime Nos.349 of 2018, 334 of 2018, 351 of 2018, 1327 of 2021, 42 of 2020 and 961 of 2020 and also in an NDPS crime No.12 of 2021 of Kuttippuram Excise Range Office.

Admittedly, it is a case where commercial quantity of ganja was seized and the rigour of Section 37 of the NDPS Act will come into play. Petitioner could not substantiate with valid reasons that the twin condition in Section 37 are satisfied in this case. Moreover, the petitioner has earlier approached this Court by filing B.A.No.5833 of 2022 which was rejected by this Court. Petitioner could not substantiate any change in the circumstances warranting consideration of the present bail application at this stage. In the said circumstances, I am not inclined to grant bail to the petitioner. Accordingly, the bail application is dismissed.