Zeenath vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the 3rd accused in Crime No.17 of 2022 of Malappuram Excise Range alleging the commission of offences punishable under Sections 8(c), 20(b)(ii)C, 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”).

The prosecution case, in brief, is that while Excise Inspector, Malappuram Excise Range Office and party were conducting vehicle inspection on the basis of secret information on 31.07.2022 at 2.20 a.m. near Morayur VHM Higher Secondary School, A1 was found to have transported 5.5 kgs of ganja on scooter bearing registration No.KL 10 AY 2817 and on the basis of the information given by A1, 69.169 kgs of ganja and 52 grams of MDMA were seized from the house of A2 and A3 and from the car bearing registration No.KL 84 A 4775 parked in the car porch of the house.

The petitioner was arrested on 31.07.2022 and is in custody since then. The petitioner is a housewife, aged 47, and submits that she is totally innocent of the allegation levelled against her and she has been falsely implicated due to grave misunderstanding. Though the earlier application was rejected as per Annexure A1 order, that was at the investigation stage, and now that the charge sheet has been filed, there is no necessity for the continued detention of the petitioner. Petitioner further submits that she has no criminal antecedents.

Learned Public Prosecutor opposed the application for bail mainly contending that in the vehicle inspection conducted on 31.07.2022, 5.5 kgs of ganja was seized from the 1st accused and as per the confession regarding the source of the contraband, the same was given by the mother of one Safar and on reaching the said house of Safar, the petitioner along with the 2nd accused was carrying a packet, and on examination, it was found to be ganja and on verification of a bag, MDMA was also found. It is submitted that 5.5 kg of ganja was seized from the possession of 1st accused and from the house of the petitioner and the 2nd accused, 69.169 kg of ganja and 52 gms of MDMA were seized.

I have considered the rival contentions. The contraband was seized from the house wherein the petitioner was staying along with the 2nd accused who is her husband. Petitioner submits that she is a housewife and has been falsely implicated only for the reason that she happened to be there in the house at the time of the alleged seizure of the contraband. The final report revealed that as per the statement of the 1st accused the alleged contraband was brought by him and one Safar who is the son of the petitioner and accused no.2, and kept in the house of the said Safar. Admittedly, the petitioner has no other criminal antecedents and is in custody from 31.07.2022 onwards. The investigation is over and the charge sheet has already been filed. Considering the facts and circumstances of the case, and considering the fact that the petitioner is a lady and has no other criminal antecedents and that the charge sheet is already laid, I am inclined to grant bail to the petitioner on the following stringent conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the Jurisdictional Court;

(ii) The petitioner shall not attempt to influence or intimidate any witness in Crime No.17 of 2022 of Malappuram Excise Range;

(iii) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.17 of 2022 of Malappuram Excise Range may file an application before the jurisdictional Court, for cancellation of bail.