LAWS(KER)-2021-11-193

SUNDARAN Vs. STATE OF KERALA

Decided On November 01, 2021
SUNDARAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner is the second accused in Crime No.268/2021 of Ollur Police Station which was registered alleging offence under Sec. 20(b) (ii)(c) of the NDPS Act. The Crime was registered after seizing 27.530 kilo grams of ganja from the petitioner and another on 27/4/2021. He was arrested along with the contraband and since then is in judicial custody. This is the second application moved by him for bail, under Sec. 439 of the Cr.P.C.

(2.) When taken up for hearing, learned counsel submits that he is continuing in custody from 27/4/2021 that has completed 185 days in custody, so far charge sheet has not been laid nor an application for extension of period of investigation has been filed under the proviso to Sec. 36A of the NDPS Act.

(3.) Learned Senior Public Prosecutor has ascertained these facts from the Investigating Officer. The petitioner is in judicial custody for more than 180 days, that investigation is still going on; It is also evident that an application for extension of the period of investigation beyond 180 days has not been filed. As a necessary corollary, the petitioner is entitled to get statutory bail and therefore, shall be released on bail on the following conditions: