IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 550 of 2008() ---------------------------- CRIME NO. 170/07 OF AGALI POLICE STATION CMP.3591/2007 of J.M.F.C., MANNARKAD .................... PETITIONERS : ACCUSED ------------------------ 1. BALAGOPALAN, AGED 28 YEARS S/O.PANJU,PALLATHU VEEDU KALLAMKULAM, KANJIRAM. 2. SUBRAMANIAN, AGED 27 YEARS S/O.PUTHANVEETTIL KANJIRAM,POTTASSERI. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY DIRECTOR GENERAL OF PROSECUTIONS SRI. P.G. THAMPI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 550 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February, 2008 O R D E R This is yet another one of those spirit cases, where the State does not show the will to tackle the real menace. 2740 litres of spirit were allegedly being transported in a vehicle and that vehicle was intercepted on 12.12.2007. The driver and the cleaner of the vehicle were arrested. I am today on 5.2.2008, and it is unfortunate that the investigation has not revealed anything better than what was known on 12.12.2007. This Court has been crying hoarse over on the deplorable quality of investigation and of the want of a will to tackle the menace. The Director General of Police had issued orders, where under it is directed that such cases must be investigated by a special team. But it is unfortunate that eventhough the investigation in this case has started on 12.12.2007 and the bail application was filed on 23.1.2008, nothing has been done till then to entrust the investigation to a more competent and specialised agency, which has the infrastructure and competence to deal with the situation. B.A.No. 550 of 2008 2 2. When the matter came up for hearing on 31.1.2008, this Court directed the learned D.G.P. to appear and explain why this case has not been handed over to the special investigation team, ISISMIT. The learned D.G.P. submits that as soon as that direction of this Court was brought to his notice he has taken the necessary steps to ensure that the investigation is entrusted to the ISISMIT. 3. The question is not what was done after the learned D.G.P. issued the direction. What was done till then? Why is it that inspite of the orders of the D.G.P. serious steps have not been taken to conduct the investigation to trace the consignor and the consignee. A perusal of the case diary reveals a sad tale of inadequacy and incompetence. The registered owner of the vehicle has not been traced yet. The real number of the vehicle, in which the transportation took place, has not been ascertained yet. The consignor has not been traced. The consignee has not been traced. The persons who on behalf of the consignor allegedly entrusted the lorry with the contraband article loaded in it to the petitioners have not been ascertained yet. The holders of the telephone numbers to whom the petitioners were directed to report when the consignment reached the destination have B.A.No. 550 of 2008 3 not been identified yet. Letters are written to all and sundry, i.e. the Motor Vehicle authorities and the Telephone authorities and the Investigators wait in patience and peace to get replies from them. I must once again express my dissatisfaction in the manner in which the spirit cases are handled by the State. 4. I think it only apposite that this Court must intervene to ensure that the directions of the Director General of Police are seriously implemented. This petition shall be called again on 20.2.2008. On that day the Director General of Police and the Commissioner of Excise shall file a statement before this Court giving the list of all cases in which 500 or more litres of spirit is detected by various Police and Excise officials and which are pending investigation. They shall report to this Court what action has been taken to ensure that investigation into the said crimes are carried on by an expert centralised agency. I need only say that I expect that tangible efforts must be made and the learned D.G.P. and the Commissioner of Excise shall ensure that investigation in all such cases are handed over to the ISISMIT and a statement to that effect shall be filed by 20.2.2008. B.A.No. 550 of 2008 4 5. Coming to the request of the petitioners for regular bail, they remain in custody from 12.12.2007. The learned D.G.P. opposes the application, but submits fairly that it is very unlikely nay impossible that the investigation can be completed by 10.2.2008, by which day the period of 60 days would elapse and the petitioners shall be entitled for bail by default under the proviso to Section 167(2) Cr.P.C. I am satisfied that bail can be granted to the petitioners subject to appropriate terms and conditions. 6. In the result: 1) This application is allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall not be released from custody on the strength of this order prior to 10.2.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) They shall make themselves available for interrogation B.A.No. 550 of 2008 5 before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (d) During the said period of three months, the petitioners shall not leave the Sessions Division of Palghat and shall keep the Investigating Officer informed of the address of their place of residence within the Sessions Division of Palghat. 7. Issue copy of the order to the learned D.G.P. (R. BASANT) Judge tm