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. 1572 of 2010() ----------------------------- CRMP.200/2009 of SPL. COURT (NDPS ACT CASES), THODUPUZHA O.R. NO.12/2009 OF NARCOTIC ENFORCEMENT SQUAD, ADIMALY. .................... PETITIONER/ACCUSED: -------------------------------------- MELBIN THOMAS, S/O.GEORGE, MOOLEPARAMBIL HOUSE, THINKALKADU KARA, KONNATHADY VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA, THROUGH THE CIRCLE INSPECTOR OF EXCISE, N.E.S.ADIMALY, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. 1572 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. The petitioner is the first accused in O.R. No.12/2009 of Narcotic Enforcement Squad, Adimaly. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 22/9/2009, Narcotic Enforcement Squad found a quantity of 64.7Kgs of dried ganja in the house of the first accused and accused Nos.1 to 4 were found dealing with the same. Accused Nos.1 to 4 were packing the ganja in small sacs. The petitioner was arrested on 22/9/2009 and he was remanded to judicial custody. 4. The petitioner filed B.A.No.637 of 2010, which was dismissed by the order dated 2/03/2010. 5. The learned counsel for the petitioner submitted that no final report was filed within 180 days from the date of remand as contemplated in the proviso to Sub Section(4) of Section 36A B.A. No. 1572/ 2010 2 of the Narcotic Drugs and Psychotropic Substances Act and therefore, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. The counsel also relied on the decision of Supreme Court in Union of India Vs. Thamisharasi and others [1995(4)S.C.C.190]. 6. The learned Public Prosecutor submitted that no application was filed for the extension of the period of 180 days as provided in the proviso to Sub Section(4) of Section 36 A of the Narcotic Drugs and Psychotropic Substances Act. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the fact that no final report is filed within 180 days from the date of remand of the petitioner and no application is filed for the extension of time, I am of the view that the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 8. The petitioner shall be released on bail on his executing bond for Rs. 50,000/- 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:- B.A. No. 1572/ 2010 3 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 appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall surrender his passport before the Court of the Special Judge for N.D.P.S Act cases, Thodupuzha, within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. 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 scm