MUNIR P P Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the 3rd accused in Crime No.994/2011 of Manjeri Police Station. The offences alleged against the petitioner is under Secs.21(c), 25 and 29 of NDPS Act. It is alleged that on 15.12.2011 at 4.30 PM, the petitioner and two others were found possessing 500 gms of brown sugar. They were in an unregistered car at the main road 350 metres west of Thurakkal bypass in Manjeri Junction. All the three accused were arrested. The contraband article was seized. According to the prosecution, everything was done in accordance with the procedure prescribed under the NDPS Act and the Code of Criminal Procedure.

(2.) THE petitioner has been in custody from 15.12.2011 onwards. THE final report in this case has already been filed on 2.5.2012.

(3.) LEARNED Public Prosecutor would submit that sufficient materials were collected to hold that all the accused persons were acting in pursuance of a criminal conspiracy. The first accused is a person hailing from Uttar Pradesh. Therefore, the learned Public Prosecutor submits that it is a clear case where the three accused were found transporting 500 gms of brown sugar in pursuance of a criminal conspiracy hatched among them. It is also pointed out by the learned Public Prosecutor that it was A3 (the petitioner), who arranged a car for transporting the contraband. The contention that he had no involvement in the commission of offence is found unacceptable in view of the fact that brown sugar was seized from the possession of this petitioner as well. It is also pointed out that the investigation revealed that making use of the ATM card of State Bank of Travancore belonging to this petitioner money was withdrawn from the ATM counter at a place called Jaya in UP, the place known to A1, which according to the prosecution was the place from where the brown sugar deal actually commenced. The contention that the quantity of brown sugar seized from the possession of the petitioner is only 100 gms and so he is entitled to bail cannot be sustained. According to the prosecution, the petitioner and other two accused have close links in interstate drug trafficking and it was in the course of such transaction or deal brown sugar was collected from outside the State of Kerala and brought it to this State for sale. There is no reason to hold that the accused is not guilty of the offence nor can it be found that if released on bail, the petitioner is not likely to commit any offence of similar nature. If it is found that 500 gms of brown sugar which comes under the category of 'commercial quantity' was transported by A1 to A3 in pursuance of a criminal conspiracy and that the said brown sugar was brought to the State from another State pursuant to the said criminal conspiracy, it cannot be said that the rigour under Sec.37 of the NDPS Act would not be attracted to the facts of this case.