Shabeer.M vs State Of Kerala

Bechu Kurian Thomas, J

Petitioner is the accused in Crime No.29/2023 of Tirur Excise Range Office, Malappuram, alleging offences punishable under Sections 22(b) and 20(B)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to the prosecution, on 03.07.2023, the petitioner was found in possession of 7.355 gms. of Methamphetamine and 5.053 gms. of hashish oil in his personal possession in the bedroom of the house. He was arrested on 03.07.2023 and was granted bail by order dated 14.08.2023.

Though in the order granting bail, there was a condition to appear before the investigating officer on every Wednesday until the filing of the final report, the said condition was deleted by order dated 10.10.2023.

In the meantime, petitioner applied for the release of his passport, which was deposited pursuant to the direction of this Court in the order granting bail. However, the Special Court, by order dated 12.12.2023, rejected the said application, after observing that, before completing the investigation, it may not be proper to permit the petitioner to leave the country, as his presence may be necessary for interrogation until the investigation is completed. The learned Special Judge also observed that the Investigating Officer ought to complete the investigation without further delay.

I have heard Sri.P.Mohamed Sabah, the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.

The learned Public Prosecutor, submitted that the investigation has not yet been completed and that the presence of the petitioner is essential to identify the source of the contraband article.

Since  July 2023,  the investigation has been continuing.  Despite the specific direction of the Special Court on 12.12.2023 to complete the investigation without further delay, it still remains incomplete.

Petitioner alleges that his residential permit in Dubai will expire on 02.04.2024. Petitioner has been in the country at least since 03.07.2023  and  he  has  been  granted  bail  as  well.    If  the petitioner’s presence is required for investigation, appropriate conditions can be imposed. Therefore, detaining the petitioner in the country and restraining his right to travel, may not be legally proper in the circumstances. However, his availability in the country, if required must be ensured.

Accordingly, the petitioner is granted permission to travel abroad on the following conditions:

(i) Petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum, to the satisfaction of the trial court.

(ii) Petitioner shall file an affidavit undertaking to appear before the Investigating officer as well as the trial court, without fail, as and when required in writing.

(ii) Petitioner shall provide his contact details, residential address and his passport number in the form of an affidavit.

The Crl.M.C.is allowed.