Naveen M.J vs State Of Kerala And Ors

The applicant in B.A.No.2364 of 2021 is the 7th accused, while the applicant in B.A.No.2662 of 2021 is the 8th accused in Crime No.26 of 2020 of Malappuram Excise Enforcement & Anti Narcotic Special Squad, presently the Excise Crime Branch has taken over the investigation and the crime has been re-numbered as Crime No.8/21, for having allegedly committed offences punishable under Sections 20(b)(ii)(c) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "NDPS Act"). The prosecution case, in brief, is this:

On 03.10.2020, the Excise party got information about transporting of huge quantity of dried ganja from Andhra Pradesh to Kerala and accordingly, they intercepted a pick-up van bearing Reg.No.KL/41G/749 at a place called Wandoor, and in consequence of that, accused Nos. 1 to 3 were apprehended from the bank, while they were transporting 167.500 Kgs of dried ganja. Accused No. 4 also was involved in transporting ganja from Andhra Pradesh in a lorry bearing Reg.No. KL 55 Y 4116 and he was apprehended, while he was transporting ganja together with cement and had crossed the border and handed over the articles to A1 to 3. Initially, only 4 accused were arrayed as accused. Subsequent investigation revealed that the other accused persons were also involved in the purchase and transportation of ganja. Now, there are nine persons arrayed as accused in this crime. Accused Nos. 7 and 8 are supposed to be the financiers of the deal. They had allegedly gone to Andhra Pradesh and had facilitated the purchase of the ganja. There was also bank transactions between them and the 1st accused and the Investigating Officer has also collected call detail reports of their mobile phones and the tower locations, which would indicate their presence in Andhra Pradesh for the purpose of purchasing ganja and getting it transported through the accused Nos. 1 to 3. That apart, there are also the confession statements of the accused, who were already apprehended. All these put together, the prosecution has framed the case against the applicants herein.

The applicants would contend that they are innocent and the allegations are not true. They are involved in other businesses like the purchase of buffaloes from Andhra Pradesh and Tamil Nadu for the purpose of sale in Kerala and it is for that purpose that they had transacted with accused Nos. 1 to 3, who are agents. Even if there is any financial transaction between these applicants and the prime accused Nos. 1 to 3, it is only for the purchase of buffaloes and they had also gone to Andhra Pradesh to identify purchase of buffaloes. And, therefore, there is nothing illegal about the involvement of the applicants with the prime accused 1 to 3. Hence, they plead that they may be released on bail. The 7th accused was arrested on 11.02.2021 and the 8th accused was arrested on 10.02.2021. It is stated that they are co-operating with the investigation. They have appeared before the Investigating Officer and produced all relevant and pertinent documents necessary for the purpose of investigation. And, therefore, further incarceration of the applicants may not be required.

Heard the learned Senior Counsel, Sri.S. Sreekumar, appearing for the 7th accused, the learned counsel, Sri.Anuroop, appearing for the 8th accused and the learned Public Prosecutor, Smt.V.Sreeja, appearing for the State.

The learned Public Prosecutor submits that the prosecution has been successful in collecting very substantial evidence to indicate the complicity of these applicants in these crimes of drug pedalling. It is stated that the embargo Under Section 37 of the NDPS Act would clearly apply in the case of the applicants also since they were the persons, who were behind the purchase of the large quantity of ganja. There are no grounds to believe that they are not guilty. And, therefore, the application for bail is vehemently opposed.

After having heard the submissions on both sides, I find that the prosecution has been able to successfully collect the materials indicating the complicity of the applicants. That is the applicants have gone to Andhra Pradesh and had transacted money with accused Nos. 1 to 3, for the purpose of purchasing buffaloes or was it for the purpose of purchasing ganja are all matters of evidence to be decided by the trial court during trial on the basis of the evidence that is adduced by the prosecution.

For the moment, I am convinced about the complicity of the applicants and there are sufficient materials collected by the prosecution to prove the complicity of the applicants and there are no reasonable grounds to hold that the applicants are not guilty and that they may not get involved in offences of similar nature if released on bail. The twin conditions required under Section 37 of the NDPS Act is not complied with by the applicants. And, therefore, the bail applications are dismissed.