Raja Vijayaraghavan V., J.:— This application is filed under Section 439 of the Code of Criminal Procedure.
2. The applicant herein is the accused in O.S. No. 497/2019 of the Air Intelligence Unit, Calicut Airport in which case, he is accused of having committed offence punishable under Section 23(b) and Section 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. According to the prosecution, information was received by the Superintendent of Air Intelligence Unit, Calicut International Airport, regarding the attempt of certain persons to smuggle out foreign currency in excess of the permissible limit in the flight bound for Dubai. The applicant herein was intercepted while he was waiting to board the flight in the security hold area of the International departure. The trolley bag checked in by the accused was retrieved and a search was conducted in the presence of the accused and two independent witnesses. A packet containing about 1.5 kg of ganja was seized from the trolley bag. A statement u/s. 67 of the NDPS Act was recorded and thereafter the accused was arrested. He is alleged to have disclosed that the contraband was purchased from him from a person in Mangalore to deliver the same to one Khader in Dubai.
4. Sri. Babu S. Nair, the learned counsel appearing for the applicant, submitted that the applicant is a young man aged 24 years, who was requested by his employer to travel to Dubai for some business purpose. According to the learned counsel, the applicant was not aware of the presence of the contraband in the bag which was entrusted with him. He would further contend that the investigation has proceeded to the end stages and prays for his release.
5. Very serious objection is raised by Sri. Sasthamangalam S. Ajithkumar, the learned Special Public Prosecutor who entered appearance for the 2 respondent. It is submitted that the act of the accused to transit drugs abroad shows his criminal intent. According to the learned counsel, the investigation is being conducted to ascertain whether the applicant is a part of the international drug mafia. He would urge that if the applicant is released on bail, he is likely to repeat the offence.
6. I have considered the submissions advanced and have perused the records. Though the allegations are extremely grave, fact remains that the quantity seized from the possession of the applicant is just above the upper limit of the smaller quantity. There is no case for the prosecution that the applicant is involved in any other crimes. Furthermore, the case records reveal that the investigation has made much headway. In the facts and circumstances, I am of the view by imposing stringent conditions the applicant can now be enlarged on bail.
7. In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs. 50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:
1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for a period of two months or till final report is filed, whichever is earlier.
2). He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
3). He shall not commit any similar offence while on bail.
4) He shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.
8. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.