Shafeek vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 to 6 in Crime No.290/2024 of the Perumpadappur Police Station, Malappuram registered against the accused for allegedly committing the offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’). The petitioners were arrested on 23.03.2024.

The  essence  of  the  prosecution  case  is  that:  on 23. 03.2024, at around 10.30 hours, the accused were found transporting and to be in possession of 10.11 kilograms of ganja in a vehicle bearing No.KL 53S 7890. The accused were arrested on the spot with the contraband article. Thus, the accused have committed the above offences.

Heard;  Sri.Ahamed  Fazil  E.C.,  the  learned counsel appearing for the petitioners and Smt.Neema T.V., the learned Public Prosecutor.

The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations leveled against them. There is no material to substantiate the petitioners' involvement in the crime. In any given case, the petitioners have been in judicial custody for the last 83 days, the investigation in the case is practically complete, and the final report has been laid. Moreover, the contraband involved in the case is of an intermediate quantity. Hence, the application may be allowed.

The learned Public Prosecutor opposed the application. She submitted that the petitioners have antecedents, since they are involved in a crime for allegedly committing the offence under the Indian Penal Code. If the petitioners are released on bail, there is every likelihood of them committing similar offences. Nonetheless, she did not dispute the fact that the investigation in the case is complete, the final report has been laid and the contraband involved in the case is of an intermediate quantity.

The prosecution allegation against the petitioners is that they were found in conscious possession of 10.11 kilograms of ganja and they were arrested on the spot with the contraband article. Indisputably, the contraband involved in the case is of an intermediate quantity.

After bestowing my anxious consideration to the facts, the rival submissions made across the Bar, and the materials placed on record, especially on considering the fact that the petitioners have been in judicial custody for the last 83 days, the investigation in the case is complete, final report has been laid and that the contraband involved in the case is of an intermediate quantity, I am of the firm view that the petitioners' further detention is unnecessary.  Hence,  I  hold  that  the  petitioners  are entitled to be released on bail.

In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is filed, whichever is earlier. They shall also appear before the Investigating Officer as and when required;

(ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioners shall not commit any offence while they are on bail;

(iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].