SAJI KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the sole accused in Crime No. 2 of 2012 of Excise Enforcement and Anti Narcotic Special Squad, Idukki. The above crime was registered for offences punishable under Section 20b(ii)(c) r/w. Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act (for short "the NDPS Act"). Allegation is that excise officials conducted a search over the cardamom plantation of petitioner on 24.03.2012 and in such search, bulk quantity of ganja, 141 kgms., 200 gms., was found kept in two plastic barrels, concealed under some waste materials. Crime was then registered against petitioner for the aforesaid offences. Petitioner, later, on 23.02.2013, surrendered before the court and then remanded to judicial custody. Investigation of the crime is still in progress and petitioner, whose application for bail was turned down by the Special Judge vide Annexure A order has filed the above petition seeking his release on bail.

(2.) I heard learned counsel for petitioner and also learned Public Prosecutor. Petitioner has been undergoing detention for the last more than four months, his custody had been obtained by investigating agency for investigation, and he suffers from serious ailment of cancer, is the submission of learned counsel for petitioner to urge for releasing him on bail subject to conditions as deemed fit and proper. Cardamom plantation from which the bulk quantity of narcotic substance was seized has no enclosed boundaries and petitioner had no role in storage of such quantity in the plantation, is the further submission of counsel. Petitioner is prepared to abide by any condition and also co-operate with investigation, if released on bail, is the further submission. Opposing the application learned Public Prosecutor submitted that the materials gathered by investigating agency disclose that bulk quantity detected was stored by petitioner for sale. Investigation is still continuing, and the source from which petitioner allegedly collected the contraband is yet to be traced, is the further submission of learned Public Prosecutor to oppose the application contending that if released on bail, he is likely to abscond. After hearing the submissions made by counsel on both sides and taking note of the facts and circumstances presented which give enough room to suspect complicity of petitioner in the offences imputed over the contraband seized from his cardamom plantation, I find that he cannot be released on bail, at this stage. Interdictions imposed under Section 37 of the N.D.P.S. Act in releasing an accused on bail, who is imputed of having possessed commercial quantity, cannot be ignored while considering entitlement of petitioner for his release on bail. When that be so, I find petitioner cannot be released, at this stage, when investigation of the crime is continuing.