Vishnu C.M vs State Of Kerala

Viju Abraham , J.

This is an application for regular bail.

Petitioner is the 1st accused in Crime No. 7468/2022 of Thodupuzha Police Station, Idukki district, alleging commission of offences punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, upon prior information received, the Police Party reached the place of occurence and they saw three plastic sacks and the petitioner standing near it putting his hand on top of the sack. On seeing the Police Party the petitioner attempted to run away and he sustained injuries on his face due to a fall and the 3 plastic sacks were searched and they contained 11 Kg, 10.60 Kg and 13 Kg of ganja respectively.

The petitioner was arrested on 27.07.2022. The learned counsel for the petitioner would submit that the petitioner is falsely implicated in the above said crime and that he was brutally manhandled by the police and the said aspect was stated to the learned Magistrate as is evident from Annexure A2. There is a procedure Violation of Sections 42(i) and 42(ii) in the search conducted and no document is produced to show that the Gazetted Officer was present at the time of the alleged place and time of occurrence. The learned Pubic Prosecutor seriously opposed the application for bail mainly contending that 34.600 Kg of ganja was seized from the possession of the petitioner. The petitioner was informed of his right to be searched in the presence of a Gazetted Officer and the said right was informed to the petitioner in writing to which the petitioner issued a written consent letter dated 27.07.2022 informing that for his body search he does not require the presence of either the Gazetted Officer or the Learned Magistrate. But the search was conducted in the presence of the Excise Inspector, Thodupuzha who is a Gazetted Officer. It is seen that no recovery was made from the body of the petitioner but from the 3 sacks, 34.600 grams of dried ganja was seized.

Learned Public Prosecutor would submit that the information was reduced in writing and the same was reported to the Superior Officer. In the confession statement of the petitioner, it is admitted that he is involved in the alleged crime. The learned Public Prosecutor further submitted that petitioner is involved in 10 other crimes out of which 3 are offences punishable under the provisions of the NDPS Act. The 2nd accused in the case is involved in 13 other cases out of which 7 cases are registered as per the provisions of the NDPS Act.

Considering the fact that the petitioner was arrested on 27.07.2022 and the investigation is going on and the contraband involved is of commercial quantity and the petitioner is involved in 10 other cases out of which 3 are offences punishable under the NDPS act, the rigour of Section 37 will defenitely come into play.

I am not inclined to grant bail to the petitioner at this stage. Accordingly the above bail application is dismissed.