Bobin Jose vs State Of Kerala

Jobin Sebastian, J

This Petition for regular bail has been filed by the accused in crime No.31/2024 of Excise Range Office, Erumely alleging commission of offences punishable under Section 22(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 22.11.2024, the accused was found possessing 1.5 Kg of Ganja, for the purpose of sale, in a house bearing No. 283 in Ward No. 1 of Manimala Grama Panchayat, in violation of provisions of the NDPS Act and thereby committed the offence mentioned above.

Heard both sides.

The allegation that the accused possessed 1.5 kgs of dried ganja in his rented house for the purpose of sale cannot be viewed lightly. From a perusal of the available records, it is discernible that the accusation against the petitioner is prima facie well founded. This case was detected in a house search conducted by the Excise party following a tip off received. Anyhow, the petitioner was caught red handed with the contraband on 22.11.2024 and since then, he has been in custody. The total quantity of ganja seized is 1.5 kgs which is intermediate quantity. The investigation in this case appears to have progressed substantially and is on the verge of completion. Although the source of contraband is not yet traced out, I am at a loss to understand how the continued retention of the petitioner in judicial custody will aid in tracing out the source, particularly since no progress has been made in the last 43 days, while the petitioner was in custody. Hence, considering the days of detention already undergone by the petitioner and the stage of investigation, I am inclined to grant bail to him on stringent conditions.

(i) The petitioner shall be released on bail on he executing a bond for Rs.1,00,000/ -(Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the investigating officer on every alternate saturdays between 10 am and 11 am, starting from 11.01.2025 for three months or till final report is filed whichever occurs first.

(iii) The petitioner shall also appear before the investigating officer as and when required and shall cooperate with the investigation.

(iv) The petitioner shall not intimidate or influence the witnesses; or tamper with the evidence.

(v) The petitioner shall not commit any offence while on bail.

It is made clear that, in the event of a violation of any of the above conditions, the investigating officer is at liberty to approach the jurisdictional court for cancellation of bail. In that event, the jurisdictional court shall consider such application and pass appropriate orders.