RAJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications filed under Section 439 of the Code of Criminal Procedure moved by accused Nos.4 and 5 respectively in Crime No.890/2020 of Kalloorkad police station in Ernakulam district. The crime was registered on 25.11.2020 by the Station House Officer, Kalloorkad after conducting search and seizure made on the basis of the secret information received by him that large quantity of ganja was stacked in a residence in his police station limits. Accordingly, he proceeded to the place, searched house No.XI/30 of Aayavana grama panchayat belonging to one Shiju George and found that 39.845 kgs of ganja having been stacked in 17 packets in an iron safe in a room in the house. Accordingly, the items were seized under a mahazar following procedural formalities and the crime was registered. During the course of investigation, it was found that the first accused one Russel was in occupation of the building. It is an old house building, rented out by the said Shiju George to the said Russel. At the time of search, the said Russel was not there; the building was opened using duplicate key supplied by Shiju George. During the course of investigation, at first, accused Nos.1 and 2 were arrayed and the said Russel was arrested. Rajeev and Jijendran, petitioners respectively in Bail Application Nos.3700/2021 and 3846/2021 were impleaded later on the information gathered during investigation. The specific allegation against Rajeev is that he being the driver of a lorry having national permit, used to transport ganja from Kasaragod and supplied the items to accused Nos.1 and 2. The petitioner in the other bail application Jejendran @ Alex also had close contact with caused Nos.1 and 2 and thus they were arrayed and arrested. The said Rajeev was arrested on 22.03.2021 and Jejendran @ Alex was arrested on 28.03.2021 and since then they are in judicial custody.

(2.) I heard the learned counsel on both sides and also summoned and perused the case diary.

(3.) Both the applicants wanted to convince the court that they have no connection whatsoever with the alleged transactions or the contraband seized from the said building on 25.11.2020. But, after going through the case diary, there are prima facie materials to infer their close proximity with the transaction.