Kerala High Court
Abhishek Saji vs Union Of India on 22 November, 2023
BA 9066/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
BAIL APPL. NO. 9066 OF 2023
CRIME NO.6/2023 OF NARCOTICS CONTROL BUREAU, KOCHI, Ernakulam
PETITIONER/6TH ACCUSED:
ABHISHEK SAJI,
AGED 25 YEARS
S/O.SAJI T.K, THARAKANARUPARAMBIL HOUSE, KANCHIYAR
P.O, KANCHIYAR, IDUKKI DISTRICT, PIN - 685511
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
UNION OF INDIA,
REP. BY INTELLIGENCE OFFICER, NARCOTICS CONTROL
BUREAU, COCHIN, REPRESENTED BY THE SPECIAL PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV SRI.RAJAGOPALAN NAIR.K.R., CGC
SR.PP SMT.T.V.NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.11.2023, THE COURT ON 22.11.2023 DELIVERED THE FOLLOWING:
BA 9066/23 2
MOHAMMED NIAS C.P., J.
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B.A.No.9066 of 2023
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Dated this the 22nd day of November, 2023
ORDER
This is an application for regular bail filed by the petitioner, the sixth accused in crime No.6/2023 of Narcotic Control Bureau, Cochin Zonal Unit. The offence alleged against the petitioner is under Sections 21, 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, 'NDPS Act').
2. The prosecution case is that, based on the information received from Ernakulam Head Post Office on 21.6.2023 at around 14.15 hours, that four suspicious parcels containing suspected narcotic substances were lying at their office, the team of NCB Cochin reached Ernakulam Head Post Office. Thereafter, the suspected parcels were seized in the presence of independent witnesses. From the said parcel, 2.23 grams (200 LSD blots) of thick multi-coloured design paper believed to be LSD were recovered. Based on the same, the NCB summoned three persons, including the petitioner herein. When their statements were recorded under Section 67 of the NDPS Act, all of them admitted their role in procuring the LSD blots. The BA 9066/23 3 petitioner herein was arrested on 23.6.2023 and since then he has been in judicial custody.
3. Learned counsel for the petitioner argues that there is no proof of any financial transaction made by the petitioner and the only fact is that the parcel contained his address and phone number and except that there is nothing to link the petitioner with the crime.
4. The learned Central Government Counsel, Sri.Rajagopalan Nair K.R., opposing the bail application, has submitted a report stating that, out of the four parcels, one parcel was destined for "Abhishek Saji", Tharakanaruparambil house, Kanchiyar P.O., Kanchiyar, Idukki Kerala- 685511, Mobile No.7356772240. The said parcel had 220 milligrams (20 blots) of thick multi-coloured design paper believed to be LSD. In voluntary statements of Abhishek Saji, he admitted that, on 19.6.2023, Abhishek Saji had come to Kanchiyar Post Office to collect the parcel with the tracking ID which was received in his Mobile Phone No.7356772240, he enquired about the parcel to the staff and postman of Kanchiyar post office, even after he told them about the tracking details they denied and told him that the parcel has not reached the post office. Ib 20.6.2023 Abhishek Saji checked the status of the booked parcel and it showed that the LSD-contained parcel reached the Kanchiyar post office. Then Abhishek Saji again visited the Kanchiyar post office on 20.6.2023 to collect the parcel with the tracking ID which he received in his Mobile phone No. 7356772240 and enquired about the said parcel to the staff and postman of Kanchiyar post office. It is also BA 9066/23 4 his contention that when the petitioner had received a summon through the post office on 10.7.2023 to report at NCB office Kakkanad, he threw his cell phone One Plus 9R to Muvattupuzha River which contained all booking details of LSD, contact numbers of his friends, wicker me application and his chats with Tileshop. In the statement given by the petitioner, he had also admitted that he ordered the said parcel through an online application namely 'wicker Me' by using his e-mail ID [email protected] using his mobile phone One Plus 9R. His user ID in wicker Me application is "Unicorn". He stated that he booked the parcel from an online vendor "Tileshop", and he made the payment through the cryptocurrency "XMR" pad worth Rs.8000 Indian Rupees through the wicker.
5. Having considered the rival submissions, I notice that I had considered the bail application of the first accused in the same crime vide order dated 9.10.2023 in BA 7281/2023 in which case the address of the party to which the contraband was sent was not that of the said petitioner and despite that bail was refused after considering other relevant materials. Similarly, the bail application of the third accused in the very same crime was also dismissed by order dated 16.8.2023 in BA 6307/2023. Likewise, the application of the 5th accused was rejected by order dated 9.8.2023 in BA 6105/2023. At this stage, considering the materials pointed out by the respondent agency, the prima facie involvement of the petitioner is clear. Considering the rigour under Section 37 of the NDPS Act and also the details of the cases where similar modus operandi were employed by the accused BA 9066/23 5 therein, noticed in the report filed by the respondent, the allegation of throwing away of the cell phone of the petitioner that contained vital details, I am not inclined to consider the request of the petitioner and the bail application is dismissed.
SD/-
MOHAMMED NIAS C.P. JUDGE okb/ BA 9066/23 6 APPENDIX OF BAIL APPL. 9066/2023 PETITIONER ANNEXURES Annexure 1 TRUE PHOTOCOPY OF THE OCCURRENCE REPORT IN OR.NO.6/2023 OF NARCOTICS CONTROL BUREAU, COCHIN DATED 21.06.2023