Shibu vs State Of Kerala

Shircy V, J

This application is for regular bail filed by the 1st accused in Crime No. 2879 of 2019 of Kayamkulam Police Station registered for the offences

punishable under Sections 20(b)(ii)(B) and 29 of the Narcotics Drugs and Psychotropic Substances Act.

The petitioner was found in possession of 5.15 kgs of ganja at about 6.40 p.m. on 20.11.2019 by the Sub Inspector of Police, Kayamkulam and

thereby he has been booked for the same and is undergoing incarceration. Now the investigation of the case is over and the Investigating Officer has

filed charge sheet before the court concerned.

As called for now, a report has been received from the learned Additional Sessions Judge-II, Alappuzha stating that there are 16 witnesses in the

case and considering the present pandemic situation, six months time is required to dispose of the case.

The petitioner has been in custody since 20.11.2019.

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

The learned counsel for the petitioner has submitted that this petitioner has been undergoing incarceration for the last more than 800 days. Bail had

already been granted to the other accused. Moreover, when the case was posted for examination of CW1 on 14.01.2022, the witness remained

absent. Hence, he was not examined before the court.

The total quantity of the contraband involved in this case is 5.15 kgs of ganja. The offence committed by him is under Section 20(b)(ii)(B) of the

NDPS Act. It is true that he is involved in another NDPS case but in that case also the quantity involved is only intermediate quantity.

It is also admitted by the learned Public Prosecutor that CW1 was not examined on the last posting date, though summons was issued by the trial

court. So, it shows that there is every possibility to get the trial of the case delayed further. As intermediate quantity of contraband is involved in this

case and he alone is undergoing incarceration for more than 800 days, I find it just and proper to accept his request for his release on bail subject to

the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the

satisfaction of the court having jurisdiction. One of the sureties shall be a close relative.

(ii) He shall co-operate with the trial of the case.

(iii) He shall appear on every posting dates without any fail, unless permitted by the court below for valid reasons.

(iv) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.