IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1180 of 2010() ---------------------------------- O.R.NO. 12/2009 OF NARCOTIC ENFORCEMENT SQUAD, ADIMALY, IDUKKI DISTRICT ............... PETITIONERS/ACCUSED : ------------------------------ 1. VINOD.T.R, @ KUNJU, S/O.RAMAN, AGED 38 YEARS, RESIDING AT THEVAROLIYIL HOUSE, THINGALKADU KARA, KONNATHADI VILLAGE, UNDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. SAMEESH.M.S @ ANIYAN, S/O,.SARALAPPAN AGED 25 YEARS, RESIDING AT MATTATHIL HOUSE, CHERUPURAM KARA, RAJAKKAD, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 3. MANOJ.M.P, S/O.PHILIP,AGED 36 YEARS, RESIDING AT MAZHUVANCHERIAYIL HOUSE, PAZHAYAVIDUTHI KARA, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (OR NO.12 OF 2009 OF NARCOTIC ENFORCEMENT SQUAD, ADIMALY). BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1180 of 2010 ------------------------------------ Dated this the 26th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 to 4 in O.R.No.12 of 2009 of Narcotic Enforcement Squad, Adimaly, Idukki. 2. The offence alleged against the petitioners is under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on getting secret information that ganja was being stored in the house of accused No.1, the Narcotic Enforcement Squad of the Excise Department, Adimali, conducted a search in the house of accused No.1. They found a quantity of 64.7 Kgs of dry ganja in the house. It was also found that all the accused persons were dealing with the same and were engaged in weighing and separating the same. All the accused persons were arrested on 22/9/2009 and they were remanded to judicial custody. B.A. No. 1180 of 2010 2 4. The petitioners had filed B. A. No 374/2010 for bail. That application was dismissed by the order dated 02.02.2010. 5. The learned counsel for the petitioner submitted that 180 days are over from the date of arrest of the petitioners and the final report has not been filed so far. It is also submitted that the investigating officer has not filed any application for extension of the period of 180 days as provided in the proviso to sub Section 4 of Section 36 A of the N.D.P.S. Act. It is therefore, submitted that the petitioners are entitled to statutory bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 6. The learned Public Prosecutor submitted that no application was filed for extension of the period of 180 days as mentioned above. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners and the fact that no final report was filed within 180 days from the date of remand of the petitioners and no application was filed of the extension of time, I am of the view that the petitioners are entitled to get bail with particular reference to the B.A. No. 1180 of 2010 3 proviso to section 167(2) of the Code of Criminal Procedure. 8. The Hon'ble Supreme Court held in Union of India V. Thamisharasi and others [(1995) 4 S.C.C.190]; that in spite of the limitations of Section 37(1) of the Narcotic Drugs and Phychotropic Substances Act, proviso to Section 167(2) of the Code of Criminal Procedure would apply. Therefore, the petitioners are entitled to statutory bail. 5. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Court of the Special Judge for N.D.P.S Act cases, Thodupuzha, subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall surrender their passports before the Court of the Special Judge for N.D.P.S Act cases, Thodupuzha, within one week from the date of release B.A. No. 1180 of 2010 4 on bail. If any of the petitioners does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the Special Judge for N.D.P.S Act cases, Thodupuzha within one week. D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln