Rahul vs State Of Kerala

A.Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, 1973 and the petitioner is the sole accused in crime No.1320/2021 of Chavara Police Station, Kollam, where he alleged to have committed offences punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred as 'NDPS Act', for short), and the petitioner seeks regular bail.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

The prosecution allegation is that at 16:40 hrs. on 23.12.2021, the accused herein possessed 1.30 Kg of Ganja against the prohibitions contained in the NDPS Act and, thereafter, the contraband, which was thrown away by the accused was taken into custody and the accused was arrested thereafter. This is the premise on which the prosecution alleges commission of the above offences.

It is submitted by the learned counsel for the petitioner that the petitioner has been in custody from 24.11.2022 and final report in this matter already filed. According to the learned counsel for the petitioner, since there is no necessity to keep the petitioner in custody further, he is liable to be released on regular bail.

Whereas, the learned Public Prosecutor strongly opposed the bail on the submission that the petitioner is a habitual offender involved in multiple heinous crimes and he is a threat to the society. According to the learned Public Prosecutor, if the petitioner will be released on bail, he would involve in serious crimes and the petitioner is a person, who has least respect in law. He also submitted that the 1st crime reported in relation to the petitioner was in the year 2010. Thereafter, he continued his involvement in multiple crimes every year up to 2015. Thereafter, after getting released, 13 crimes up to 2015 and had involved in the 14th crime during the year 2019. During 2021 and 2022, he had involvement in two more crimes including one under Section 3 of the Explosive Substances Act. Accordingly, the learned Public Prosecutor zealously opposed the bail.

On perusal of the materials placed by the learned Public Prosecutor, where final report already filed within the statutory period, the prosecution case as to possession of 1.30 Kg of Ganja is well established prima facie.

It is true that in cases involving intermediate quantity of this nature, the bar under Section 37 of the NDPS Act, has no application and in an appropriate case, the court is having the discretion to grant bail to such an accused. However, when the accused is a person, having criminal antecedents that too a person having involvement in 16 crimes and his involvement now reported is his 17th crime, his application for bail cannot be considered within the canvass of normal parameters and circumstances. It is to be noted that in this connection, the antecedents of the petitioner as reported by the learned Public Prosecutor listed herein under, assume significance. The following are the crimes, where the involvement of the accused has been reported.

Chavara PS Cr.20/10 U/s.341, 323, 324, 34 IPC & Sec.27 of Arms Act.

Cr.21/10 U/s.143, 147, 148, 452, 324, 308, 354, 326, 427, 149 IPC.

Cr.1046/10 U/s.341, 323, 324, 427, 34 IPC.

Cr.1062/11 U/s.395, 397, 120(b), 114, 427 IPC.

Cr.1063/11 U/s.143, 147, 148, 153, 506(ii), 294(b), 427, 149 IPC.

Cr.1071/11 U/s.395, 397 IPC & Sec 27 of Arms Act.

Cr.1494/12 U/s.143, 147, 148, 341, 294(b), 447, 324, 326, 149 IPC.

Cr.1159/13 U/s.395 IPC.

Cr.2409/13 U/s.143, 147, 148, 149, 33, 326, 367 IPC.

Cr.2058/14 U/s.323, 324, 341, 427, 34 IPC.

Cr.2750/14 U/s.143, 147, 148, 341, 323, 324, 506(ii), 149 IPC.

Cr.306/15 U/s.143, 147, 148, 323, 324, 447, 308, 294(b), 427, 149 IPC.

Cr.1400/15 U/s.225 B, 332 IPC.

Cr.193/19 U/s.143, 147, 148, 341, 323, 324, 325, 308, 201, 149 IPC.

Cr.948/21 U/s.294(b), 323, 324, 308, 34 IPC.

Chavara Thekkumbhagam PS Cr.187/22 U/s.143, 147, 148, 447, 427, 436, 149 IPC & Sec.3 of Explosive Substances Act.

On perusal of the list of crimes, it is shocking to note that he has involvement in very serious crimes alleging commission of offences under Sections 354, 308, 395, 397, 326, 367 and 332 of IPC. Similarly, he has involvement in offences under Section 27 of the Arms Act apart from involvement in one crime under the Explosive Substances Act.

It is pointed out by the learned counsel for the petitioner that the petitioner has no involvement in any NDPS crime, prior to this occurrence and the quantity of contraband is confined to 1.30 Kg, would show falsity of the case and implication of the petitioner in this case, with ulterior motives. According to the learned counsel for the petitioner, the petitioner has no involvement in the present crime and the same is a foisted one.

It is pointed out by the learned Public Prosecutor further that the petitioner absconded after commission of the crime on 23.12.2021 and he was nabbed by the police after tedious endeavour for a period of one year and thereby he was arrested on 24.11.2022. It is submitted that further the petitioner was booked under Section 97 Cr.P.C. and was detained in KAPPA.

Going by the history of the case as discussed including continuous involvement of the petitioner in multiple crimes of serious nature, along with his abscondence after commission of this crime, without conceding the jurisdiction of the Investigating Officer for a period of one year, the apprehension expressed by the learned Public Prosecutor herein above discussed, is having force.

Therefore, I am of the view that the petitioner does not deserve bail and his trial shall be completed keeping him in custody.

Therefore, there shall be a direction to the learned Special Court dealing with this matter to expedite the trial as early as possible in accordance with law.

In view of the discussion, this bail application stands dismissed.