Sajith @ Unni vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 483 of the Bharathiya Nagarik Suraksha Sanhita, 2023 filed by the 3rd accused in Crime No.352 of 2022 of Kuruppampady Police Station, Ernakulam registered under Sections 29, 27A, 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 15/4/2022 at 2.55 pm, the petitioner brought 248.165 kg of dry ganja from Orissa as per the direction of the 2nd accused, in a tanker lorry owned by the 1st accused for selling the same for making profit, in contravention of Narcotics Drugs and Psychotropic Substances Act and Rules.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, the petitioner is absolutely innocent of this crime, and accused persons 4 to 7 are already released on bail, and this petitioner also stands on the same footing.

Earlier this petitioner had filed BA.Nos.10482 of 2022 and 600 of 2024, for releasing him on bail and both the applications were dismissed by this court, finding that there were sufficient materials to show specific overact of the petitioner, and he was the one who went and collected the contraband from Orissa. Moreover, the contraband seized was of commercial quantity.

In the order dated 19/4/2024 in BA No.600 of 2024, this court had directed the trial court to take all edeavour to expedite the trial of the case, and if there is unreasonable delay in completing the trial of the case, the petitioner will be free to approach this court again, seeking bail.

Now the present petition is filed stating that, one of the accused is absconding and there is no chance to complete the trial in a near future.

This court called for a report from learned Additional District and Sessions Judge VIII, as to the time required for disposing SC.No.1127 of 2022 pending before that court. A report dated 24/7/2024 is received in, which the learned Judge has sought six months time to dispose the case.

Adverting to the facts and circumstances, the nature of the offences alleged and the quantity of contraband seized, this court is not inclined to allow this application, and learned Additional District and Sessions Judge-VIII is directed to take all earnest efforts to dispose SC.No.1127 of 2022, within six months from today as requested.

With these direction, the bail application is dismissed.

Registry to forward a copy of this order to the trial court, forthwith.