Kerala High Court
Abhishek Saji vs State Of Kerala on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
BAIL APPL. NO. 1860 OF 2024
CRIME NO.6/2023 OF NARCOTICS CONTROL BUREAU, KOCHI, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1939 OF 2023 OF I
ADDITIONAL DISTRICT COURT, ERNAKULAM
PETITIONER/ACCUSED NO.6:
ABHISHEK SAJI,
AGED 25 YEARS
S/O. SAJI T.K, THARAKANARUPARAMBIL HOUSE,
KANCHIYAR (P.O), KANCHIYAR,IDUKKI DISTRICT,
PIN - 685511
BY ADV NIREESH MATHEW
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI., PIN - 682031
2 UNION OF INDIA,
REP. BY INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU,
COCHIN, REPRESENTED BY THE SPECIAL PROSECUTOR, HIGH
COURT OF KERALA ERNAKULAM, PIN-682031 IS IMPLEADED AS
ADDL. R2 AS PER ORDER DATED 20/03/2024 IN
CRL.MA.1/2024.
BY ADV
SMT. NIMA JACOB - PP
SRI. RAJA GOPALAN NAIR, CGC
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1860 OF 2024
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MOHAMMED NIAS C.P, J.
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B.A. No. 1860 of 2024
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Dated this the 3rd day of April, 2024
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the 6th 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')
3. 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 BAIL APPL. NO. 1860 OF 2024 ..3..
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 petitioner herein was arrested on 23.6.2023 and since then he has been in judicial custody.
4. This is the 2nd bail application filed by the petitioner. The earlier bail application was rejected by an order dated 22.11.2023 in B.A No. 9066 of 2023. The learned counsel for the petitioner argues that, at the time of the rejection of the first bail application, the complaint was not filed. After filing the complaint, it is submitted that the only allegation remaining against him was that he had gone to the post office to enquire about the details of the courier in question and also the tracking from the details received on his mobile number. It is submitted that, apart from the above, there is nothing to connect the petitioner.
5. While dismissing the earlier application, the BAIL APPL. NO. 1860 OF 2024 ..4..
involvement of the petitioner was clearly pointed out apart from the statement given by the petitioner and other accused that the said parcel was through an online application, namely 'Wicker Me' by using the e-mail ID of the petitioner or his mobile phone. It is also stated that a payment was made through the cryptocurrency "XMR" pad worth Rs.8,000/- Indian Rupees through the wicker.
6. Considering the fact that there are materials showing the involvement of the petitioner and the fact that the rigour under Section 37 of the NDPS Act is applicable, the fact that the petitioner is already involved in other crimes under the N.D.P.S Act itself, I am not inclined to grant bail to the petitioner. The application filed by the other accused is also to be dismissed. This Court takes notice of the earlier order itself.
In such circumstances, I do not find any merit in this application and accordingly, the same is dismissed.
Sd/-
MOHAMMED NIAS C.P
LU JUDGE
BAIL APPL. NO. 1860 OF 2024
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APPENDIX OF BAIL APPL. 1860/2024
PETITIONER ANNEXURES :
ANNEXURE 1 TRUE PHOTOCOPY OF THE OCCURRENCE REPORT
IN O.R NO. 6/2023 OF NARCOTICS CONTROL BUREAU, COCHIN DATED 21.06.2023 ANNEXURE 2 TRUE PHOTO COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN BAIL APPLICATION NO. 9066/2023 DATED 22.11.2023 // True Copy // PA To Judge