Rajesh Petitioner/Accused v. Excise Circle Inspector And Another S/Complainants & State.

T.V Anilkumar, J.:— The 1st accused in Crime No. 19/2018, registered under Sections 20(b)(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘the NDPS Act) is the applicant in B.A No. 2996/2019, whereas the 3rd accused in the same crime is the applicant in B.A No. 2765/2019.

2. The prosecution case is that, on 25.10.2018 at 5.45 p.m, the accused and others were found to be in possession of 1.800 kgs. of hashish oil and were arrested.

3. Heard the learned Public Prosecutor as well as the counsel for the petitioners in this regular bail application filed under Section 439 Cr.P.C

4. Both these accused have completed 195 days in judicial custody after their remand. One of the main contentions raised by the petitioners is that their detention is not necessary in connection with progress of investigation at all. That contention needs only to be accepted since nothing remains to be investigated against them.

5. Nevertheless, unless the accused can show that there are no reasonable ground to suggest them as not being guilty as mandated by Section 37 of the NDPS Act, there is legal bar to release them on bail. In this regard, both the petitioners submitted that the present crime is the result of a false and deliberate implication at the behest of the Excise Officials who are the close associates of officers who detected the present crime against them. The contention of the 1 accused is that those associate Excise Officials had demanded illegal gratification from him as early as on 1.12.2004, promising to avoid implication of him in Adimaly Excise Crime No. 23/2004. Later, on account of receipt of illegal gratification from him, those Excise Officials were booked by Vigilance Authorities following his complaint which resulted in their prosecution in C.C No. 180/2008 before the Enquiry Commissioner and Special Judge, Kottayam. They were convicted and sentenced on 26.11.2014 by the learned Judge accepting the prosecution case that the officials received bribe. Judgment in C.C No. 180/2008 produced proves the conviction and sentence passed by the learned Judge, Kottayam.

6. The contention of the 3 accused also appears to proceed in similar line. His case is also that on account of illegal gratification received from him, the Excise Officials were tried on the charge of corruption in C.C No. 55/2016. Considering the nature of contention raised by the petitioners and also the materials brought forth on record, I do not consider this to be a fit case where continued detention of the petitioners in judicial custody could be endorsed. In order to ensure that similar crimes are not repeated in future, stringent conditions can however be imposed against the petitioners while being released on bail.

7. When arguments were addressed, petitioners offered to deposit requisite amount of cash also in the lower court as condition precedent for their release on bail. Considering all these facts together, I am of the opinion that there is no impropriety in releasing the petitioners on bail at this stage subject to the petitioners being required to observe the following conditions:

8. In the circumstances, regular bail is granted to the petitioners subject to the following conditions:

Petitioners shall be released on bail on their executing a bond for Rs. 1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the court below. In addition, each of the petitioners will also make cash deposit of Rs. 1,00,000/- (Rupees One lakh only) in the court below which shall be held by the court till the conclusion of trial. No order of release of petitioners shall be issued without the court below ensuring that cash deposit as aforesaid is made before the court below.

(i) They shall appear before the investigating officer every Monday between 10 a.m and 11 a.m till the investigation is completed.

(ii) They shall not tamper with evidence, intimidate or influence the witnesses nor interfere with the investigation in any manner.

(iii) They shall not involve in any criminal activities or similar offences while being on bail.

(iv) They shall surrender their original passport before the court below concerned and if they do not have one, they shall file an affidavit to that effect.

(v) They shall not leave the country without seeking permission of the concerned court below.

9. If any of the above conditions is violated, the concerned court below shall have necessary power to cancel the bail in accordance with the procedure established by law.