ORDER

This is the second application for regular bail filed by the petitioner, who is the 2nd accused in Crime No.2 of 2022 of Mamala Excise Range Office, Ernakulam District. The bail application of the petitioner was earlier considered and rejected by me vide Annexure – 2 order dated 21.03.2022.

2. The learned counsel appearing for the petitioner submits that a final report has been filed in the matter and even in the final report, there is nothing to suggest that the petitioner was involved in the crime in any manner. It is submitted that even if it is accepted for a moment that the ganja was seized from the possession of the petitioner, there is nothing to connect the petitioner with the hashish oil, which was recovered from the scooter of the 1st accused, which was parked outside the house. It is submitted that the said scooter was parked outside the house for about two days and if that quantity of hashish oil is excluded, the petitioner is clearly entitled to bail as the ganja seized from the house is not in commercial quantities.

3. The learned Public Prosecutor vehemently submits that the prosecuting agency has received clear evidence of the fact that the petitioner was also involved in drug peddling. It is submitted that merely because the hashish oil was recovered from the scooter of the 1st accused, which was parked outside the house, that does not mean that the petitioner has no involvement with the said contraband, especially considering the fact that another contraband article namely ganja was clearly recovered from the possession of the petitioner. It is submitted that the contention of the learned counsel for the petitioner that there is no material in the final report to suggest that the petitioner was involved is absolutely untenable.

Having regard to the facts and circumstances of the case and considering the fact that the final report has already been filed in the matter before the Special Court, I am of the opinion that this bail application can be disposed of directing that if the petitioner files a bail application before the Jurisdictional Court, the said court shall consider the contentions taken by the petitioner with reference to the final report filed in that court and if the Jurisdictional Court finds that there is no material collected by the prosecution to connect the petitioner with the hasish oil recovered from the scooter of the 1st accused, it will always be open to the court to consider the bail application of the petitioner as not hit by the rigour of Section 37 of the NDPS Act. Considering the age of the petitioner and considering the fact that he is a student, I direct that if the bail application to be filed shall be considered and disposed of by the Jurisdictional Court within one week from the date on which such application is filed, with notice to the learned Public Prosecutor.