Muhammed Nabeel P vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioners are accused Nos. 2 and 3 in Crime No. 835 of 2021 of Info Park Police Station, Ernakulam District registered for the offences punishable under Sections 22(b) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act').

The petitioners are in custody since 29.07.2021.

The prosecution allegation in brief is as follows:

On 29.07.2021 at about 14.55 Hrs. the Sub Inspector of Info Park Police Station got a secret reliable information to the effect that certain youngsters residing in a flat opposite to Chakkarapanthal Restaurant are engaged with the sale of narcotic items. On getting the information, after recording the same in the GD, they proceeded to the place and when they reached there, these petitioners along with the other accused were found in an apartment bearing No. B3.302 and after informing the matter, they have conducted search and thus they found the narcotic items kept in a packet in the dining hall. It was found that the petitioners as well as the other accused were in possession of 12 grms of ganja and 0.78 grms of MDMA kept for the purpose of sale in contravention of the provisions of the NDPS Act and thereby they were apprehended then and there after complying with the formalities and a case has been registered against all the accused.

The learned counsel for the petitioners would submit that these petitioners are Engineering students pursuing their studies in Karnataka. Due to lockdown they returned from Karnataka as they were not having regular classes. They are the residents of Malappuram District. While they were in their residential house, the 1st accused invited them to Ernakulam in search of some job. After reaching Ernakulam in the morning of 29.07.2021, they have gone directly to the apartment taken on rent by the 1st accused. While so, the search was conducted by the respondent and seized the contraband article from the apartment. But these petitioners have absolutely no connection with the drugs seized by the respondent. They were arrested on the false allegation that they were dealing with the narcotic items. In fact, they have absolutely no business as alleged by the prosecution. But they are undergoing undeserved trauma of arrest since 29.07.2021 and hence the application.

The learned Public Prosecutor has submitted that the investigation of the case is well in progress. These petitioners have no criminal background and they are also students pursuing their studies in an Engineering College at Karnataka.

Of course, the offences alleged against these petitioners are grave and serious in nature. The prosecution has collected the required materials for the case and it appears that it is nearing completion. It is also a fact that these petitioners have no criminal background and they are students aged only 21 years. It is also submitted by the learned Public Prosecutor that the 4th accused has been released on bail. He was also along with these petitioners who reached in the apartment in the morning  of  29.07.2021,  on  the  day  when  the  search  was conducted by the respondent. Having regard to the present stage of investigation, the period of detention undergone by the petitioners, the quantity of the contraband involved and the other facts and circumstances involved in this case, I am inclined to release them on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. Each one of the sureties should be a close relative of the petitioners.

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate/Judge  is empowered to cancel the bail in accordance with the law.