Sudheesh vs State Of Kerala

A. Badharudeen, J

This is the third application for regular bail, filed by the petitioner, who is the 2nd accused in Crime No.658/2021 of Koraty Police Station, Thrissur, where accused Nos.1 to 5 alleged to have committed offences punishable under Sections 22(b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS’ hereinafter).

In this case, the prosecution case is that, on 24.7.2021, the police party conducted search in a Lorry, bearing Registration No.KL 63 3428 and a Car, bearing Registration No.KL 49 K 6022, on the basis of reliable information as to transport of 209.700 kgs of Ganja packed in sacks and seized the same and the accused were nabbed red-handedly.

The learned counsel for the petitioner pressed for bail on highlighting the petitioner’s custody from the date of arrest itself.

Whereas, the learned Public Prosecutor zealously opposed bail to the petitioner, highlighting the fact that he has involvement in 7 crimes, as detailed hereunder:

Crime No.                             Police Station                      Offence

1) 3634/2015                       TRAFFIC PS                         279 IPC & 185 MV Act

2) 966/2017                          MANNUTHY PS                   279, 338 IPC

3) 401/2002                          THRISSUR EAST                 323,324 & 34 IPC

4) 25/2002                            PAZHAYANNUR PS            143,147,148,341,323,302,149

5) 386/2019                          CHERUTHURUTHI             279,338 IPC

6) 121/2009                          THRISSUR EAST                 341,324 IPC

7) 565/2008                          VIYYUR                  341,323,324,34 IPC

In this matter, the quantity of Ganja is 209.700 kgs, where the rider under Section 37 of the NDPS Act, would apply.

A report was called for from the learned Special Judge, by this Court, as per interim order, dated 7.12.2023, suggesting the minimum time for disposal of S.C.No.154/2022 arose out of Crime No.658/2021 of Koraty Police Station, Thrissur, and the learned IV Additional District Judge, Thrissur, as per report, dated 11.12.2023, agreed to dispose of the matter within a period of six months.

Having noticed the fact that the petitioner, who is a habitual offender, involved in 8th crime, if released on bail, he would repeat similar crimes and no materials available to dilute the rider under Section 37 of the NDPS Act. Since the learned Special Judge agreed to dispose of the case within a period of six months, there shall be a direction to the learned Special Judge, Thrissur, to dispose of S.C.No.154/2022, arose out of Crime No. 658/2021 of Koraty Police Station, within a period of six months from the date of receipt of a copy of this order and file compliance of report.

Directing so, this bail application stands dismissed.