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Judgment
A.Badharudeen, J
This is an application for regular bail filed by the 2nd accused in Crime No.1921/2022 of Ernakulam Central Police Station, under Section 439 of the Code of Criminal Procedure, where accused 1 and 2 alleged to have committed offences punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act and Section 6(b) and 24 of Cigarettes and Other Tobacco Products Act, 2003.
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
The prosecution allegation is that at about 2.00 p.m on 28.12.2022, accused Nos.1 and 2 jointly possessed 7 kg of ganja, 1197 tablets, 270 packet cool lip, 29 packet Swagath, 510 packet Hans, 14 packet Vimal tobacco products in 2 sacks for the purpose of sale near ERG Junction, Banerji Road, Ernakulam.
They were intercepted and contraband was taken into custody. Subsequently they were nabbed and crime was registered alleging commission of the above offences.
While pressing for regular bail to the petitioner, who is a native of Assam, the learned counsel for the petitioner submitted that the petitioner is a first time offender and the investigation requiring his custody is practically over. It is pointed out further that the petitioner is ready to abide by any condition as a prerequisite for granting regular bail. According to him, the allegations are false and the petitioner is a first time offender. It is submitted further that taking note of his custody from 05.01.2023, he is liable to be released on bail.
Whereas the learned Public Prosecutor zealously opposed the regular bail plea at the instance of the petitioner. Further it is submitted that even though the petitioner has no criminal antecedents, the investigation team needs to find out the source of the huge quantity of contraband of various types. It is also pointed out by the learned Public Prosecutor that the petitioner being a native of Assam, if he will be released on bail at the primitive stage of investigation, he would flee from trial.
Therefore, he may not be released on bail.
Having noticed the huge quantity of contraband, the apprehension expressed by the learned Public Prosecutor appears to be correct. Therefore, I am not inclined to release the petitioner on bail at this stage, where the investigation is on the primary stage. Hence this petition is liable to be dismissed and is accordingly dismissed.