Pranav vs State Of Kerala

Shircy V, J

Application for regular bail.

2. Petitioner is the first accused in Crime No.12 of 2020 of Excise Circle Office, Aluva registered for the offences punishable under Sections 22(c),

25 and 29 of the NDPS Act.

2. The prosecution allegation is that on 28.11.2020 at about 7.25 am, the Excise parties found this petitioner along with the other accused travelling

in a Swift Car bearing registration NO.KL 08 E 9158 through the public road towards Thrissur. On suspicion, they intercepted the vehicle and

inspected the same. This petitioner as well the other accused were found in possession of 17 grams of MDMA kept in the driving seat. The first

petitioner was driving the car and the contraband was found transporting by this petitioner as well the other accused in contravention of the provisions

of the NDPS Act and thereby this petitioner and the other accused were booked for the said offences.

3. The petitioner has been in custody since 28.11.2020.

4. Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

5. The petitioner is of course aged only 23 years and having no criminal antecedents. But on perusal of the records, it could be seen that he was

found in possession of the contraband article of commercial quantity and found engaged in transporting the same in the car driven by him. The

contraband was actually seized from this petitioner. The offences alleged against this petitioner are no doubt grave and serious in nature.

6. It  is  pertinent  to  note  that  the investigating agency had completed the investigation and submitted the charge sheet

before the court in time and now the case is pending for trial. The lady who was travelling along with this petitioner, and arraigned as the third accused

has been granted bail but that is not a ground to infer that this petitioner is also entitled to be released on bail. The quantity involved is commercial

quantity and therefore, the rigors of Section 37 of the NDPS Act as well the other relevant provisions of the Act are attracted. As the offences

alleged against this petitioner are grave and serious in nature and the offence is a menace to the society especially to the youngsters, if he is released

on bail there is every possibility to flee from justice upsetting the trial of the case. The possibility to repeat the similar offences, also cannot be ruled

out.

Considering the entire facts involved in this case, I think that it is not just and proper to release the petitioner on bail at this stage as the trial court has

to proceed with the case without much delay. Such being the case, this application stands dismissed.