SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The Crl. MC is filed under Section 482 Cr.P.C against the Common Order of the learned Sessions Judge, Thrissur, in Crl. MC No.741/2020 and Crl. R.P. Nos 1493/2020 and 1508/2020 on the files of the Court granting extension to the prosecution to complete investigation beyond the period of 180 days in CR No.09/2020 of Excise Range Office, Thrissur under Section 36-A(d)(4) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (' NDPS Act ' for short) and declining to grant statutory bail to the two accused in the aforesaid Crime. The aforesaid bail applications are filed by accused numbers 2 and 1, respectively, under Section 439 Cr.P.C.

(2.) The aforesaid Crime was registered by the Excise Range Officer, Thrissur against the accused alleging offences punishable under Sections 20 (b) (ii)C and 29 of the NDPS Act. The prosecution case, in brief, is that on 14/02/2020 at about

(3.) :30 AM the Excise Intelligence and Investigation Bureau received a discreet information regarding transportation of Ganja along the Vadakkanchery - Mannuthy National Highway. They intercepted a lorry bearing registration No.TN-38-BH- 9509 owned and driven by the 2nd accused with the 1st accused as the cleaner. 61.730 Kgs of Ganja was detected and seized from the cabin of the lorry. The accused were arrested and remanded to judicial custody. The investigation is not yet completed. The accused would complete 180 days in custody on 12/08/2020. 3. The District Government Pleader filed a petition seeking extension of time to complete investigation under Section 36 A (d) (4) of NDPS Act on 07/08/2020. The lorry involved in the Crime is registered at the RTO, Coimbatore in the name of the 2nd accused. In the confession statement given by the 2nd accused, he has stated that the address at the Coimbatore was provided by him for the purpose of registration of the vehicle and that it is his temporary address. Because of the restrictions following the pandemic Covid 19, the investigating officer was not able to go to Coimbatore to conduct the investigation pertaining to the ownership of the lorry and the address provided by the 2nd accused in the Registration Certificate of the lorry. The call details of the mobile phones used by the accused are being verified to find out the details of the persons they had contacted. A1 has confessed that the ganja was brought for the purpose of being handed over to a person named Nifin at Mannuthy. Because of the lockdown following the pandemic, the investigating officer was not able to proceed with the investigation on the basis of the call records retrieved from the mobile phones of the accused. The chemical analysis report is also awaited. Investigation with regard to the source of the contraband ganja was not possible because of the spread of the pandemic. In case the accused are released on bail, it would adversely hamper the investigation of the case, and hence, the learned Public Prosecutor seeks extension of the time to complete investigation beyond the statutory period of 180 days.