Runa Kanhar vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The Petitioner is the sole accused in C.R. No.30/2022 of Excise Enforcement and Anti Narcotic Special Squad Palakkad alleging commission of offence punishable under Section 20(b)(ii)B of the Narcotic and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 11.09.2022, the petitioner was intercepted by the Excise Special Squad and he was found in possession of 13.5 Kgs of ganja and thereby the accused has committed the alleged offence.

The petitioner submitted that he has been falsely implicated in the above said crime and mandatory procedures stipulated in the NDPS Act has not been properly complied with by the officials. In fact, the alleged contraband was seized from the nearby place. Petitioner submitted that he is in custody from 11.09.2022 onwards and that final report is already laid, therefore his further detention is not required for the purpose of the investigation.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that petitioner was found in possession of large quantity of ganja and further that the petitioner is a person from the State of Odisha and if he is released on bail his presence cannot be secured at the time of trial, to which the learned counsel for the petitioner submitted that he is ready and willing to furnish local sureties. The learned Public Prosecutor further submitted that involvement of the petitioner in any other criminal case is not seen reported.

Considering the facts and circumstances of the case and taking into consideration the fact that the petitioner is a first time offender, I am inclined to grant bail to the petitioner, but taking note of the seriousness of the allegation, the same shall only be on stringent conditions.

In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court; The sureties shall be from State of Kerala.

(ii) The petitioner shall appear before the investigating officer in C.R. No.30/2022 of Excise Enforcement and Anti Narcotic Special Squad Palakkad on all Saturdays at 11.00 a.m, till the completion of the trial;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(iv) The petitioner shall not involve in any other crime while on bail.

(v) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court.

(vi) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

If any of the aforesaid conditions are violated, the investigating officer in Crime No. C.R. No.30/2022 of Excise Enforcement and Anti Narcotic Special Squad Palakkad, may file an application before the jurisdictional court, for cancellation of bail.