SAJIVE Vs. PRAKASHAN

JUDGEMENT

(1.) The Public Prosecutor has filed this Crl. M.C. on behalf of the Superintendent of Central Excise and Customs (Preventive Unit), Kochi to cancel the bail granted to the 3rd accused in S.C. No. 119 of 1996 on the file of the Sessions Judge, Thodupuzha, as per order dated 8.1.1997 in Crl.M.P. No. 14 of 1997.

(2.) The Assistant Commissioner of Central Excise Preventive Unit along with his party raided room No. 102 of Hotel Hill Top in Mannur at about 11.25 am on 27.9.1996 and after search recovered 1230 grams of Hashish Oil worth Rs. 1.25 crores found in a polythene packet in a cloth pouch from the 1st accused K.M. Joseph. The 2nd accused T. Mani was also present in the room. They were immediately arrested and their statements taken. Actually, they were overpowered by the officers for which they had to use force. Accused 1 and 2 implicated the 3rd accused stating that they had come to the hotel to dispose of the contraband to a buyer from Calicut who was sent by the 3rd accused Prakashan (respondent herein). The third accused was arrested on 9.12.1996, his statement was recorded under S.67 of the N.D.P.S. Act and he was produced in the Sessions Court, Thodupuzha on 10.12.1996. He was remanded to judicial custody for 15 days. It was recorded by the learned Sessions Judge that he had not made any complaint, but the fact of arrest was not informed to his relatives and accordingly the Court directed that they may be informed immediately, and he was remanded to judicial custody till 23.12.1996. The house of the 3rd accused was searched by the officers on 10.11.1996 and certain accounts were seized which showed that he had large-scale dealing in narcotic drugs. A bottle containing a semi liquid substance was recovered but ultimately the Forensic Science Laboratory reported that it was not a narcotic drug. According to the 3rd accused it was a lehya prepared by an Ayurvedic physician as a medicine for his father who was suffering from Asthma. His brother Suresh was questioned by the officials, before whom he made a statement under S.67 that his brother Prakashan was engaged in cultivation of ganja and sale of narcotic drugs.

(3.) By the order in Crl. M.P. No. 14 of 1997, the learned sessions Judge noticed that the 3rd accused was not present when accused 1 and 2 were arrested from the hotel room, that nothing was seized from him on his arrest and that the material recovered after search of his room was not a narcotic drug, and persuaded by the above circumstances, released the 3rd accused on bail. This Crl. M.C. is filed to cancel the bail granted to the 3rd accused.