IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Bail Appl..No. 233 of 2010() ---------------------------- CRMP.614/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.479/2009 OF PERINTHALMANNA POLICE STATION, MALAPPURAM .................... PETITIONER/4TH ACCUSED: ------------------------------------------- FIROZ, S/O.MOHAMMED, MUDAVANKULAVAN HOUSE, NALLAMTHANNI P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DY.S.P., NARCOTIC CELL, MALAPPURAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PERINTALMANNA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.233 of 2010 --------------------------------------------- Dated this the 19th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.479 of 2009 of Perinthalmanna Police Station. 2. The offences alleged against the petitioner is under Sections 21(b)(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is as follows: On 28/7/2009, the police got secret information that sale of Narcotic Drugs was being made in a lorry parked near the side of Perinthalmanna-Pandikad road. The police party reached the spot. Accused Nos.1 to 3 were found inside the lorry and accused Nos.4 and 5 were found outside the lorry. A quantity of 485 grams of Brown sugar was found in the possession of the first accused and a quantity of 452 grams of Brown Sugar was found in the possession of the second accused. Accused Nos.3, 4 and 5 were having possession of one gram each of Brown Sugar. The accused persons were arrested on 28/7/2009. The investigation BA No.233/2010 2 reveals that Brown Sugar was brought from Ujjain and it was intended for sale in Kerala. The packets containing one gram each found in the possession of accused Nos.3, 4 and 5 are sample packets. According to the prosecution, all the accused are involved in the offence in the same way and the offence against them is to be treated as offence involving commercial quantity. It is alleged that the first accused, Abdul Azeez, was convicted for an offence in Saudi Arabia and he was in jail in Jiddah for a period of about two years and he was later deported to India. The second accused Abdu @ Abdul Majeed was involved in a drug case and he was convicted and sentenced by a court in Bombay. The second accused was in jail for about five years. It is alleged that other accused are close associates of accused Nos.1 and 2 and all of them acted for the same object of the sale of large quantity of Brown Sugar. 4. Following the decision in K.K.Ashraf vs. State of Kerala (2009(4) KLT 399), bail was granted to the first accused and third accused as per the order dated 11.11.2009 in Bail Application Nos.6586 and 6587 of 2009 respectively. It is submitted that the other accused persons were also released on BA No.233/2010 3 bail. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Special Judge (NDPS Act Cases, Vadakara, subject to the following conditions: a) The petitioner 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 petitioner shall surrender his passport, if any, before the Special Court (NDPS Act Cases) Vadakara within one week from today. If the petitioner does not possess an Indian passport, an affidavit to that effect sworn to by the petitioner shall be filed before the court within one week; c) The petitioner shall not leave the State of Kerala without prior permission from the Special Court (NDPS Act Cases), Vadakara; c) The petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.233/2010 4 e) The petitioner 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 csl