Edwin John S. v. Narcotics Control Bureau & State

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 12[TH] DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945 ``` ``` BAIL APPL. NO. 202 OF 2024 ``` ``` CRIME NO.8/2023 OF NARCOTICS CONTROL BUREAU, KOCHI, ERNAKULAM ``` ## **`PETITIONER/1ST ACCUSED:`** ``` EDWIN JOHN.S, AGED 23 YEARS S/O SCARIA JOSEPH, MANNUMATTATHIL HOUSE, POONJAR, THEKKEKARA P.O, NADUBHAGAM VILLAGE, MEENACHIL TALUK, KOTTYAM DISTRICT, PIN - 686582 ``` ``` BY ADVS. MATHEW DEVASSI A.C.DEVASIA ANCY MATHEW ``` ## **`RESPONDENTS/STATE:`** ``` 1 NARCOTIC CONTROL BUREAU (NCB), COCHIN ZONAL UNIT, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, NARCOTIC CONTROL BUREAU, HIGH COURT OF KERALA, PIN - 682031 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.RAJAGOPALAN NAIR.K.R.,PP ``` ## **`HIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON`** ## **`12.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:`** B.A No.202 of 2024 2 Dated this the 12[th] day of February, 2024 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in O.R. No.8/2023 of the NCB Cochin Zonal Unit, Ernakulam registered against the accused (four in number) for allegedly committing the offences under Sections 22(b), 21(a), 23(a) 23(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act). The petitioner was arrested on 25.11.2023. 2. The essence of the prosecution case is that; a parcel containing 0.1 grams of LSD, 5.5 grams of MDMA, 0.5 grams of cocaine, and 15 grams of THC (Tetraphydro Cannabinol) laced candies was received by the Foreign Post Office, Cochin addressed to the accused. The Narcotics Control Bureau (‘NCB’ for short) official seized the parcel on 23.11.2023. Thereafter, they prepared a B.A No.202 of 2024 3 dummy parcel and sent it to the Pullikkaanam Post Office, Idukki. The postman delivered the parcel to the accused at 01.10 p.m, on 25.11.2023, which was acknowledged by him by signing on the slip. Then, the Investigating Officer arrested the first accused, he was remanded to judicial custody. Through the interrogation of the first accused and other materials received, it is learnt that three other accused are also involved in the crime. Thus, the accused have committed the above offence. 3. Heard Sri. Mathew Devassi, learned counsel appearing for the petitioner and Sree. Raja Gopalan Nair. K.R., the learned Senior Public Prosecutor appearing for the respondents. 4. The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. The petitioner has been in judicial custody since 25.11.2023. B.A No.202 of 2024 4 The petitioner has no complicity in the crime. Even going by the prosecution case, the contraband articles that were seized from the petitioner are of small and intermediate quantity. At any rate, the investigation in the case is practically complete, and the final report has been laid. Therefore, the petitioner's further detention is not necessary. The petitioner is willing to abide by any stringent condition that may be imposed by this Court and is ready to cooperate with the Investigating Officer. Hence, the petitioner may be released on bail. 5. The learned Public Prosecutor opposed the application. He submitted that in the investigation that has been conducted, it has been revealed that there are three more accused involved in the crime. The said accused are absconding. The Investigating Officer has filed an application under Section 173(8) of the Cr.PC for further investigation. During the pendency of the further investigation, the petitioner is seeking to be enlarged on B.A No.202 of 2024 5 bail. Nonetheless, he conceded to the fact that the petitioner was arrested on 25.11.2023, that the final report has been laid, and that the recovery has been effected. 6. The prosecution allegation is that the petitioner received a parcel containing the contraband articles, out of which, the contraband articles were of intermediate quantity and one of them was of small quantity. Indisputably, the petitioner has been in judicial custody since 25.11.2023 and the final report has been laid after the recovery of the contraband articles. The petitioner has no criminal antecedents. 7. On an anxious consideration of the facts, the materials placed on record, the rival submissions made across the Bar, particularly taking note of the fact that the petitioner has no criminal antecedents, that the contraband articles are of intermediate and small quantities, that the final report has been laid, and that B.A No.202 of 2024 6 the recovery has been effected, I am of the view that the petitioner is entitled to be released on bail. Merely because further investigation has been ordered, the same cannot be a ground to deny bail to the petitioner. Hence, I am of the definite view that the petitioner is entitled to be released on bail. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of three months or till the final report is filed, whichever is earlier. He shall also appear before the Investigating Officer as and B.A No.202 of 2024 7 when required; - (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; - (iii) The petitioner shall not commit any offence while he is on bail; - (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; - (v) In case of violation of any of the conditions mentioned above, the jurisdictional court B.A No.202 of 2024 8 shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. - (vi) Applications for deletion/modification of - the bail conditions shall be filed and entertained before the court below. - (vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]. **Sd/-** **C.S.DIAS, JUDGE** mtk/12.02.24 B.A No.202 of 2024 9 ## **`APPENDIX OF BAIL APPL. 202/2024`** ``` PETITIONER ANNEXURES ``` ``` ANNEXURE -I ``` ``` A TRUE COPY OF THE OCCURRENCE REPORT IN O.R NO.8/2023 OF NARCORTIC CONTROL BUREAU, COCHIN ZONAL UNIT DATED 25/11/2023 ``` ``` ANNEXURE -II ``` ``` A TRUE COPY OF THE ORDER IN CRL.M.C NO.3659/2023 DATED 05/01/2024 BY THE HON'BLE SESSIONS COURT, ERNAKULAM ```