Kerala High Court
Renin A.R vs Superintendent Of Customs on 13 November, 2024
2024:KER:84449
B.A.No.8175/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
BAIL APPL. NO. 8175 OF 2024
CRIME NO.18/2023 OF COMMISSIONERATE OF CUSTOMS PREVENTIVE,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.8784 OF
2023 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
RENIN A.R,
AGED 31 YEARS
S/O RAVEENDRAN A.P.,ANATT (H), NAYARAMBALAM
P.O,ERNAKULAM, PIN - 682509
BY ADVS.
RENJITH B.MARAR
LAKSHMI.N.KAIMAL
P.RAJKUMAR
KESHAVRAJ NAIR
ARUN POOMULLI
ANAND REMESH
ABHIJITH SREEKUMAR
ABHIRAM.S.
GAADHA SURESH
T.K.BABU
RESPONDENTS/COMPLAINANTS:
1 SUPERINTENDENT OF CUSTOMS,
SPECIAL INTELLIGENCE & INVESTIGATION
BRANCH(SIIB) ,CUSTOMS HOUSE COCHIN, PIN - 682001
2 UNION OF INDIA,
2024:KER:84449
B.A.No.8175/24 2
DEPARTMENT OF CUSTOMS THROUGH STANDING COUSEL, HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.11.2024, THE COURT ON 13.11.2024 PASSED THE FOLLOWING:
2024:KER:84449
B.A.No.8175/24 3
MOHAMMED NIAS C.P., J.
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Bail Appl. No.8175 2024
.............................................................
Dated this the 13th day of November, 2024
ORDER
This is the third application filed by the 2 nd accused in Crime No. 18 of 2023 of Commissionerate of Customs Preventive, Ernakulam, which was registered for offences punishable under Sections 22(c), 23(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act' for short), for possession of 1.39 grams of LSD.
2. The prosecution case is based on the information that Narcotic drugs are concealed inside the article arrived in the name of Sri Chandu Purushothaman, Pandikasalakal House, Velliyithamparambu, Nayarambalam P.O., Ernakulam -682509 at International Mail Centre (Foreign Post Office) Chittoor Road, Ernakulam, a detailed examination of the said article was conducted which resulted in the seizure of 1.39 gram (121 Nos.) of Lysergic Acid Diethylamide (LSD) on 31.8.2023. During the course of the investigation, Shri Renin A.R. aged 31 years, holder of passport No.P8256067 dated 23.3.2017, residing at Anatt House, Nayarambalam P.O., Ernakulam- 682509 was summoned and a statement was recorded under Section 67 of the NDPS Act 1985, wherein he has voluntarily deposed his role and involvement in the financing and purchase of the illicit import of the seized contraband into the 2024:KER:84449 B.A.No.8175/24 4 country.
3. The role of the second accused is that he collected money from A1 and transferred the amount abroad through Cryptocurrency for the purchase of 123 LSD stamps weighing 1.41 grams, which qualifies as a commercial quantity. A2 has admitted in his voluntary statement that he had transferred the amount collected from A1 through a Cryptocurrency transaction for the purchase of LSD stamps. The statements of A1 and A2 and other evidence are corroborative in the matter of transfer of the amount for the said purchase and the arrival of the said contraband from abroad to the Foreign Post Office. These transactions corroborate with the WhatsApp chats. The mobile phones of the A2 were seized and forwarded for forensic analysis to gather further evidence.
4. The learned counsel for the petitioner Sri. Renjith B. Marar argues that apart from the inadmissible confession statements, there are no materials to connect the second accused with the crime. It is argued that the seizure was on 31.08.2023. The arrest was on 07.09.2023. The address to which the parcels came was in the name of the first accused. The allegation was that it was financed by accused Nos.1 and 3. He also argues that the financial transactions were between accused 1 and 3 and none of the documents show the link connecting the petitioner with any other transactions. He contends that the WhatsApp chats of the transactions cannot implicate him in the crime. He also submits that Section 29 of the NDPS Act has no application and relies on the judgment of Himachal Pradesh High Court reported in Jagat Singh v. State of Himachal Pradesh [2024 KHC Online 2868] and on an order 2024:KER:84449 B.A.No.8175/24 5 of this Court dated 08.10.2024 in B.A. No.4304/2024. He also submits that the petitioner is a youngster aged 31 years, who was working in a bank and that there are no other criminal antecedents reported against him. He also submits that the 3rd accused against whom similar accusations based on similar materials were made, was granted bail by order of this Court dated 11.07.2024 in B.A. No.3419/2024, produced as Annexure A8.
5. Opposing the bail application the learned Standing Counsel for the respondents, Sri. Sreelal N. Warrier submits that the statement of the 2 nd accused, recorded on 08.09.2023, discloses the entire transactions. The WhatsApp chats and the transfer of amounts show his active link with the other accused. The cryptocurrency transactions were made using the Paxful account of the petitioner and there is ample proof to prove the conspiracy in the case. It is also argued that there is no change at all in the circumstances for granting bail to the petitioner. It is further argued that the 3 rd accused was granted bail by Annexure-A8 order specifically finding that there was no material to connect the 3 rd accused except the confession statements of accused 1 and 2.
6. Heard both sides.
7. The statement filed by the prosecution reads as follows:
"A2 was trading in Bitcoin/Cryptocurrency in a Paxful Account registered under the name "Renin AR" and linked to the Gmail ID [email protected] and the Phone number 9809050843. A1 knew that A2 was trading in Bitcoin/Cryptocurrency, in March 2023, A1 had asked A2 to carry out a BitCoin transaction of Rs.20,000/- and transfer the same to a link provided by A3; that A1 2024:KER:84449 B.A.No.8175/24 6 had transferred Rs.7,500/- to his account through Google Pay and rest 12,500 given in cash. Accordingly, he purchased Cryptocurrency Two times for Rs. 10,000/- each on 12.3.2023 and sent the same through his account already created on the Paxful Website (Paxful.com) to a link provided by A3 through WhatsApp. In July 2023, A1 had again asked A2 to carry out another Bitcoin transaction of Rs.23,000/- and informed him that it was for the purchase of LSD stamps from abroad through A3; that A1 had transferred Rs.17,500/- to his account; that on 10.07.2023, he had purchased Crypto Currency for Rs.23,000/-, including the amount of Rs.5,500/- given to him by A1 in cash, through his account in 'PAXFUL' and transferred the same to a link provided by A3 through WhatsApp. The Whatsapp chats dated 24.07.2023, 31.07.2023, 13.08.2023, 16.08.2023, 17.08.2023, and 21.08.2023 show that A2 was willing to purchase LSD stamps. A3 booked stamps and obtained A1's address for despatching the packet. He asked A1 to keep aside 15 Nos for him."
8. It is also stated that the petitioner has violated the provision under Section 22(c), 23(c), 27-A and 29 of the NDPS Act, 1985 by collecting money from A1 and transferring the amount abroad through Cryptocurrency for the purchase of 123 LSD stamps weighing 1.41 grams, which qualifies as a commercial quantity. In matters such as the purchase, transfer of amount for the said purchase and arrival of the said contraband from abroad to the Foreign Post Office, the statements of A1 and A2 and other evidence are corroborative.
9. The mobile phones of the applicant and co-accused were seized and forwarded to the Centre for Development of Advanced Computing (CDAC), Thiruvananthapuram for forensic analysis to gather further evidence. The WhatsApp 2024:KER:84449 B.A.No.8175/24 7 chats recovered through the forensic analysis show the active involvement of the applicant and other accused in the import of subject LSD. It is thus to be noted that apart from the statements of the accused, there were materials to show the prima facie involvement of the petitioner. The argument based on the bail being granted to the third accused also cannot be accepted in view of the petitioner's involvement being shown from the records apart from the statements.
In view of the above, and the bar created under Section 37 of the NDPS Act, I do not think that the petitioner can be granted bail more so when there is no change in any circumstances after the dismissal of the earlier applications.
The bail application is dismissed.
Sd/-
MOHAMMED NIAS C.P. JUDGE okb/ 2024:KER:84449 B.A.No.8175/24 8 APPENDIX OF BAIL APPL. 8175/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMPLAINT DATED 24.02.2024 PREFERRED BY THE SUPERINTENDENT OF CUSTOMS, CUSTOM HOUSE, COCHIN Annexure A2 A TRUE COPY OF THE ORDER DATED 26.9.2023 IN CRL M.P NO. 2643/2023 Annexure A3 A TRUE COPY OF THE ORDER DATED 14.11.2023 IN B.A NO.8784 OF 2023 Annexure A4 A TRUE COPY OF THE ORDER DATED 28.02.2024 IN B.A NO.156 OF 2024 Annexure 5 ORDER DATED 28-02-2024 IN BAIL APPL.156/2024 ON HIGH COURT Annexure 6 ORDER DATED 14-11-2023 IN BAIL APPL.8784/2023 ON HIGH COURT Annexure A7 A TRUE COPY OF THE AUTHORIZATION DATED 31.08.2023 UNDER SECTION 41(2) OF THE NDPS ACT, 1985 Annexure A8 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 11.07.2024 IN B.A. NO. 3419 OF 2024 GRANTING BAIL TO ACCUSED NO. 3 Annexure A9 A TRUE COPY OF THE ORDER OF THE ADDITIONAL SESSIONS COURT-II, ERNAKULAM DATED 07.09.2024 IN SC NO.323/2024 DISMISSING CRL M.P. NO.
2468/2024Annexure A10 A TRUE COPY OF THE MAHAZAR DATED 31.08.2023 Annexure A11 A TRUE COPY OF THE MAHAZAR DATED 01.09.2023 Annexure A12 A TRUE COPY OF THE TRANSACTIONS FROM THE ACCOUNT OF PETITIONER IN ‘PAXFUL' WEBSITE Annexure A13 A TRUE COPY OF THE WHATSAPP CHAT OF CHANDU PURUSHOTHAMAN(A1) AND RENIN A.R(PETITIONER) 2024:KER:84449 B.A.No.8175/24 9 Annexure A14 A TRUE COPY OF THE WHATSAPP CHAT OF RENIN A.R(PETITIONER) AND CHANDU PURUSHOTHAMAN(A1) Annexure A15 A TRUE COPY OF THE WHATSAPP CHAT OF RENIN A.R(PETITIONER) AND CHANDU PURUSHOTHAMAN(A1)