Allowed

Sajeev @ Babu v. State of Kerala

Kerala HC30 Jan 2024Bail Appl./9465/2023

Case brief

AI extract

What is this about?

Regular bail under Section 439 CrPC by the 7th accused in an NDPS case involving seizure of 501.5 kg ganja from a lorry. With the trial not completed within six months despite an earlier liberty, and co-accused Nos.1 to 3 already released on bail, the court granted bail with conditions.

What did the court decide?

Petitioner enlarged on bail on bond of Rs.50,000 with two solvent sureties, subject to conditions; Special Judge directed to expedite trial and complete it by 30.04.2024.

Sajeev @ Babu Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945

¶5

BAIL APPL. NO. 9465 OF 2023

¶6

CRIME NO.10/2020 OF NARCOTIC CONTROL BUREAU, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

¶7

PETITIONER/ACCUSED NO.7:

¶8

SAJEEV @ BABU
AGED 48 YEARS, S/O. CHATAKUTTI, 7TH CROSS,
NIMISHAMBA EXTENSION, KUVEMPU NAGAR, MYSURU DISTRICT,
KARNATAKA STATE, PIN - 570023
BY ADVS.
PREM NAVAS

¶9

RESPONDENTS/STATE & COMPLAINANT:

¶10

1 STATE OF KERALA

¶11

REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031

¶12

2 THE ASSISTANT EXCISE COMMISSIONER

¶13

EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM, PIN - 695001

¶14

DENNY K DEVASSY – SR PP

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

B.A.No. 9465 of 2023

¶17

¶18

ORDER

¶19

Dated this the 30^th day of January, 2024

¶20

This is the second application for regular bail, filed under Section 439 of the Code of Criminal Procedure, by the 7^th accused in Crime No.10/2020 of Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram, where the accused alleged to have committed offences punishable under Sections 8(c), 20(b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’ hereinafter).

¶21

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials, placed by the learned Public Prosecutor.

¶22

The prosecution allegation is that, at about 01.30 p.m. on 06.09.2020, when the Circle Inspector, Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram searched container lorry bearing registration No.AP-29-TB-3207, 501.5 kilogram of Ganja

¶23

B.A.No. 9465 of 2023

¶24

¶25

secretly kept at the cabin of the lorry was seized and accordingly, accused Nos. 1 and 2, who were involved in transporting the contraband were arrested.

¶26

Subsequently, the others including the 7^th accused got arrayed as additional accused and specific allegation against the 7^th accused is that accused Nos. 1 to 7 hatched conspiracy and in continuation of the said conspiracy, the 7^th accused done everything to help the transport of the contraband.

¶27

Now, the investigation has been completed and the matter has been pending as S.C. No.553/2021 before the Special Court (Additional Sessions Court-V), Thiruvananthapuram.

¶28

The learned counsel for the petitioner submitted that, the petitioner was arrested on 20.10.2020 and he is a first time offender. He also submitted that, since the trial in S.C. No.553/2021 being delayed, the petitioner is liable to be released on bail. The learned counsel for the petitioner also pointed out the fact that accused Nos. 1 to 3 were already released on bail by this Court. Therefore, the petitioner is

¶29

B.A.No. 9465 of 2023

¶30

¶31

liable to be released on bail, since the trial in this case could not be materialized within a period of six months.

¶32

The learned Public Prosecutor opposed grant of bail and submitted that the 7^th accused has an active role in this occurrence and he is the man behind the transport of the contraband. Therefore, his release, in a case involving 501.5 kilogram of Ganja (commercial quantity of contraband) would be fatal to the prosecution. It is also submitted that the accused has involvement in another crime vide Crime No.6/2020 registered by the Economis and Narcotic Crime Police Station, Mysore City and his arrest was recorded while he was in custody in the said crime. Accordingly, grant of bail to the accused is strongly opposed.

¶33

In this case, this Court granted bail to accused Nos. 1 to 3 by separate orders by other co-ordinate Benches of this Court. In order to ensure the possibility of trial within a period of six months, a report from the Special Court was called for. As per the report dated 29.11.2023, the learned Special Judge (Additional District and Sessions Judge-IV holding charge of Additional District and Sessions Court-V),

¶34

B.A.No. 9465 of 2023

¶35

¶36

Thiruvananthapuram, reported that nine months time is required for disposal of the case. Now, new Judge joined in the Special Court (Additional District and Sessions Court-V), Thiruvananthapuram.

¶37

As per Annexure.A7 order, in an earlier occasion, this Court dismissed the bail plea at the instance of the petitioner with liberty to move before this Court, if the trial could not be completed within a period of six months from 01.06.2023. As of now also, trial neither started nor completed. Therefore, the petitioner who was subsequently arrayed as an accused in this crime, could not be treated differently than that of accused Nos. 1 to 3, who actually participated in transport of the contraband.

¶38

Accordingly, the petitioner who has been in custody from 20.10.2020, where the trial not materialized so far is liable to be released on bail for the reasons found to grant bail to accused Nos. 1 to 3.

¶39

Therefore, this petition stands allowed. The petitioner is enlarged on bail on the following conditions:

¶40

i. The petitioner shall be released on bail on

¶41

B.A.No. 9465 of 2023

¶42

¶43

his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Special court concerned.

¶44

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall cooperate with the trial and shall be available for trial.

¶45

iii. The petitioner shall not leave India without the permission of the Special court.

¶46

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court.

¶47

v. The petitioner shall surrender his passport before the Special Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Special Court. If the petitioner has no passport, he shall file an affidavit

¶48

B.A.No. 9465 of 2023

¶49

¶50

to that effect, instead of surrendering passport, within the stipulated time.

¶51

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

¶52

Since a serious of case of this nature has been pending for the last five years, the Special Judge is directed to expedite the trial and complete the same on or before 30.04.2024, without fail.

¶53

Sd/-

¶54

A. BADHARUDEEN JUDGE

¶55

Sajeev @ Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sajeev @ Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishnanunni Vs Sarojini

Murali Vs Mohanan Pillai,(Deleted)

Maramveetil Parambath Sahida Vs Thoduvakkattil Manayath Kangadan Subaida

Vijayan Vs the State of Kerala

Mni, Vs Sudhakaran

Melbin Joseph Vs State of Kerala