This is an application for bail filed by the 1st accused in Crime No. 1/2014 of Balussery Excise Range under Section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that the accused was found to be in possession of 949 grams of Heroine in violation of the provisions of Abkari Act and thereby he committed offences punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case at the instance of the 2nd accused. In fact, 2nd accused is none other than the cousin brother of the petitioner and he wanted to collect some bag from his friend and accordingly, he collected the bag without knowing the contents of the bag and he was detained by some local people and informed the Excise Officials and only when they examined the bag, he came to understand that it contains narcotic substance. He is in jail from 14.04.2014 onwards.
4. Learned Public Prosecutor opposed the application on the ground that investigation is still in progress and they already filed an application for extension of time for completion of the investigation.
5. Heard both sides and perused the records.
6. It is seen from the record that on 14.04.2014, the Excise Officials got an information that somebody was detained suspecting to be in possession of narcotic drugs and accordingly, they went to the place and saw the present petitioner holding a bag and after complying the formalities, when they examined a bag, they found that it contained 949 grams of Heroine. It is also seen during the investigation that accused Nos. 2 and 3 also involved in the crime and there is a big racket working for trafficking narcotic drugs. Further, the earlier applications filed by the petitioner were rejected by this Court as per order in bail application No. 5924/2014.
Considering the gravity of offence and also considering the fact that application for extension of time for completing of the investigation has already been filed and is pending and also considering the quantity of narcotic drugs seized and its impact on the society and on the basis of the evidence collected it cannot be said that petitioner has not involved in the crime. This Court feels that it is not a fit case to grant bail to the petitioner at this stage and the application is liable to be rejected.
In the result, this bail application is rejected.
Sd/-
K. RAMAKRISHNAN, JV JUDGE