IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Bail Appl..No. 7359 of 2008() ------------------------------------ Cr.NO.8/08 OF KUNNAMKULAM EXCISE RANGE APPLICANT/ACCUSED : --------------------------- LALU, S/O.CHACKO, THETTALIKAL HOUSE VALLAKODE DESOM, ANJOOR VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, KUNNAMKULAM EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7359 OF 2008 ------------------------------ Dated this the 3rd day of December, 2008 O R D E R This petition is for bail. 2. According to prosecution, on 07.11.2008, the excise party received information that Ganja was being transported by the accused in a vehicle and on proceeding to the place, they found a vehicle being parked, in which the petitioner was sitting. On search of the vehicle, it was found to contain 1.015 Kgs. of Ganja. The petitioner was arrested and mahazar was prepared. A crime is registered under Section 20(b)(ii)B of Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for petitioner submitted that a false case has been foisted against petitioner alleging that he was found transporting Ganja in a vehicle driven by him. Later, when they understood that petitioner does not even know driving and also that he does not have a driving licence. The excise officials went to his house and told his mother that a person should be pointed out as a driver of the vehicle, if it is not do so, her son would be made an accused etc. She was also threatened by the excise officials. She made a complaint before the Superintendent B.A.7359 of 2008 2 of Police in respect of such atrocities committed by the excise officials. 4. Learned counsel for petitioner also submitted that excise officials on knowing that a mistake was committed by them deliberately deviated from their version and it was alleged that vehicle was found parked beneath the tree and from the said vehicle Ganja was seized. It was also alleged that the petitioner was sitting in the vehicle in the passengers seat. If these allegations are true, certainly there will be an investigation regarding the driver of the vehicle and accused himself would be asked about the details of the driver. But the mahazar does not show that any attempt was made by the excise officials to ascertain such details of the driver to petitioner. This itself is an indication that the original case of the excise officials is that the petitioner himself was driving the vehicle. Petitioner's statement was also recorded by the excise officials under his signature, wherein it is clearly stated that he was arrested while he was transporting the Ganja. Therefore there is evidently a deviation from the original case and petitioner has a strong case to put forward. Hence, petitioner may be granted bail, it is submitted. B.A.7359 of 2008 3 5. This petition is opposed. Learned Public Prosecutor submitted that the Ganga seized is more than 1 kg., which is more than small quantity and the petitioner was involved in another crime also of similar nature. The specific case of the prosecution is that Ganja was transported in the vehicle and the details of the petitioner were stated in the mahazar itself. The petitioner was arrested from the spot and the allegations to the contrary are false and those are put forward by him only for the sake of a defence. It is not fit to grant bail at this stage, since investigation is being conducted into the source of the articles, it is submitted. 6. Learned counsel for petitioner submitted that it is true that the petitioner was involved in another crime, but thereafter he was leading a proper life, as a law abiding citizen and he purchased a vehicle and he is eking his livelihood by running it as a taxi. He also has a driver for driving the vehicle as a taxi, it is submitted. On hearing both sides and on going through the records, I am satisfied that the petitioner has a strong defence to advance. If the petitioner is detained in custody further, it may result in B.A.7359 of 2008 4 great injustice. Hence, bail is granted to the petitioner on the following terms and conditions : (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioner shall report before Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac