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Judgment
C.S.Dias,J.
The petitioner is the 2nd accused in SC (NDPS) No.22 of 2021 on the file of the Special Court (NDPS Act cases), Thodupuzha ('Trial Court', in short), which has arisen from Crime No.17 of 2019 registered by the Marayoor Excise Range Office, Idukki, alleging the commission of the offences punishable under Sections 20(b)(ii)(B), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act', for short).
It is the petitioner's case that he has been falsely implicated in the above crime. The petitioner was working as a Security System Operator in a company in Dubai. The Trial Court, by Annexure A1 order, exempted the petitioner from personal attendance for one year for the purpose of pursuing his employment in Dubai. Subsequently, the petitioner's bail bond was cancelled. Then, by Annexure A2 proceedings, the Trial Court ordered that the petitioner should surrender his passport and not to leave the State of Kerala, without permission of the said court. Subsequently, the petitioner filed applications for return of his passport and permission to travel abroad. By Annexures A3 and A4 orders, the said applications were dismissed on the ground that the petitioner did not produce sufficient materials to substantiate that he has employment abroad. Annexures A5 and A6 documents substantiate that the petitioner has an employment visa and a job licence to work abroad. Therefore, Annexures A3 and A4 orders may be set aside and the petitioner may be permitted to pursue his employment abroad, subject to any stringent condition. The petitioner proposes to leave for Dubai on 01.10.2026, as evidenced by Annexure A7 flight ticket. Hence, this petition.
Pursuant to the orders of this Court, the Trial Court, by report dated 18.09.2026, has informed this Court that the trial in the case has commenced. The case stands posted for examination of CW11 on 19.09.2026. Considering the volume of the witnesses and the documents, the Trial Court requires atleast six months to dispose of SC (NDPS) No.22 of 2021.
I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Senior Penal Counsel appearing for the additional 3rd respondent.
Indisputably, by Annexure A1 order, the Trial Court had granted the petitioner exemption from personal attendance for one year for the purpose of pursuing his employment. Subsequently, on finding that the petitioner did not appear before the Trial Court within the stipulated time period, the Trial Court cancelled the bail bond and thereafter, enlarged the petitioner on bail, subject to conditions, including directing him to surrender his passport and not to leave the State of Kerala. Though the petitioner filed applications to return his passport and permit him to go abroad, the same has been dismissed by Annexures A3 and A4 orders.
The report of the Trial Court substantiates that the trial in the case will be completed within six months. It is the petitioner's request that he may be permitted to go to Dubai only for a period of 30 days in order to renew his employment visa. I find the above request to be reasonable and genuine, and there is no likelihood of the trial of the case being completed immediately. Thus, I am satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the BNSS. Accordingly, this petition is disposed of, subject to the following conditions:
Annexures A3 and A4 orders are set aside;
ii) The Trial Court is directed to return petitioner's passport to him, subject to the condition that he files an undertaking before the Trial Court that he would not dispute his identity, that he would be represented through his counsel, that he would go abroad only for a period of 30 days and that he would return back and surrender his passport before the Trial Court.