IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7359 of 2008()
1. LALU, S/O.CHACKO, THETTALIKAL HOUSE
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/12/2008
O R D E R
K.HEMA, J.
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B.A. No.7359 OF 2008
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Dated this the 3rd day of December, 2008
O R D E R
This petition is for bail.
2. According to prosecution, on 07.11.2008, the excise
party received information that Ganja was being transported by
the accused in a vehicle and on proceeding to the place, they
found a vehicle being parked, in which the petitioner was sitting.
On search of the vehicle, it was found to contain 1.015 Kgs. of
Ganja. The petitioner was arrested and mahazar was prepared. A
crime is registered under Section 20(b)(ii)B of Narcotic Drugs
and Psychotropic Substances Act, 1985.
3. Learned counsel for petitioner submitted that a false
case has been foisted against petitioner alleging that he was
found transporting Ganja in a vehicle driven by him. Later, when
they understood that petitioner does not even know driving and
also that he does not have a driving licence. The excise officials
went to his house and told his mother that a person should be
pointed out as a driver of the vehicle, if it is not do so, her son
would be made an accused etc. She was also threatened by the
excise officials. She made a complaint before the Superintendent
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of Police in respect of such atrocities committed by the excise
officials.
4. Learned counsel for petitioner also submitted that
excise officials on knowing that a mistake was committed by
them deliberately deviated from their version and it was alleged
that vehicle was found parked beneath the tree and from the said
vehicle Ganja was seized. It was also alleged that the petitioner
was sitting in the vehicle in the passengers seat. If these
allegations are true, certainly there will be an investigation
regarding the driver of the vehicle and accused himself would be
asked about the details of the driver. But the mahazar does not
show that any attempt was made by the excise officials to
ascertain such details of the driver to petitioner. This itself is an
indication that the original case of the excise officials is that the
petitioner himself was driving the vehicle. Petitioner’s statement
was also recorded by the excise officials under his signature,
wherein it is clearly stated that he was arrested while he was
transporting the Ganja. Therefore there is evidently a deviation
from the original case and petitioner has a strong case to put
forward. Hence, petitioner may be granted bail, it is submitted.
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5. This petition is opposed. Learned Public Prosecutor
submitted that the Ganga seized is more than 1 kg., which is
more than small quantity and the petitioner was involved in
another crime also of similar nature. The specific case of the
prosecution is that Ganja was transported in the vehicle and the
details of the petitioner were stated in the mahazar itself. The
petitioner was arrested from the spot and the allegations to the
contrary are false and those are put forward by him only for the
sake of a defence. It is not fit to grant bail at this stage, since
investigation is being conducted into the source of the articles, it
is submitted.
6. Learned counsel for petitioner submitted that it is true
that the petitioner was involved in another crime, but thereafter
he was leading a proper life, as a law abiding citizen and he
purchased a vehicle and he is eking his livelihood by running it
as a taxi. He also has a driver for driving the vehicle as a taxi, it
is submitted.
On hearing both sides and on going through the records, I
am satisfied that the petitioner has a strong defence to advance.
If the petitioner is detained in custody further, it may result in
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great injustice.
Hence, bail is granted to the petitioner on the following
terms and conditions :
(i) Petitioner shall execute a bond for Rs.50,000/-
with two solvent sureties each for like sum to the
satisfaction of the Magistrate court concerned.
(ii) Petitioner shall report before Investigating
Officer on every Monday between 10 a.m. and 1
p.m. until further orders.
(iii) Petitioner shall not influence or intimidate any
witness or tamper with evidence or commit any
offence while on bail and in case of breach of
this condition, bail is liable to be cancelled.
The petition is allowed.
K.HEMA, JUDGE
pac