Chandra Kanhar And Others vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 24.01.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.5 of 2022 on file of the respondent police, and pending trial in Spl.C.C.No.64 of 2022 before the learned Special Judge, Special Court for Exclusive EC and NDPS Act, Salem, seek bail.

The case of the prosecution is that on 24.01.2022, on receipt of the secret information, the respondent and his team went to the scene of occurrence, wherein, the accused persons were found in illegal possession of 10.700 Kilograms of Ganja. The respondent Police have arrested the accused and seized the contraband under cover of seizure mahazar. Hence the case.

The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are in custody from 24.01.2022 and the seized contraband is in intermediate quantity and the investigation is completed and also filed charge sheet in Spl.CC.No.64 of 2022. He further submitted that in earlier dismissal order, this Court has given direction to complete the trial within a period of two months. Even after several direction given by this Court the learned trial Judge has failed to complete the trial within the stipulated time. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioners.

The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioners along with other accused were found in illegal possession of 10.700 Kilograms of Ganja. He also submitted that the contraband involved in this case is in intermediate quantity. He further submitted that the investigation has been completed and the case has also been taken up on the file of the learned Special Judge for EC/NDPS Act Cases, Salem in Spl.C.C.No.64 of 2022. He also stated that though there is no previous case pending against these petitioners, they belongs to the State of Odisha, therefore, if the petitioners are released on bail, there is every possibility of the petitioners to abscond and it would be difficult for the respondent to secure them. Hence, he opposed to grant bail to the petitioners.

Taking into consideration the facts and the submissions made by both side counsels and also considering the period of incarceration suffered by the petitioners and there is no previous case against them and investigation was completed and the final report has already been filed, and the contraband seized from them is in intermediate quantity, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on them executing a separate bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties (one surety must be a blood related surety and other surety is a local surety), each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.II, Salem and on further condition that:

(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police on every alternative days at 10.30 a.m., for a period of three months and appear before the trial Court on every hearing dates.

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.