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2023 Supreme(Online)(KER) 14764
ANANTHU THAMPI, – Appellant
Versus
UNION OF INDIA, – Respondent
In order to be granted bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the accused must show that there are reasonable grounds to believe that he is not guilty of the offences charged.
Headnote:
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 37 - REGULAR BAIL - [PETITIONER WAS DENIED REGULAR BAIL FOR OFFENCES UNDER SECTIONS 8(C) R/W 20(B)(II)(A), 22(C), 25, 28 AND 29 OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985.]
Fact of the Case:
The petitioner was arrested for his alleged involvement in a drug trafficking syndicate. The prosecution alleged that the petitioner had received over Rs. 40 lakhs in his bank account, which was used for drug trafficking. The petitioner claimed that the amount was transferred to his account for and on behalf of another accused and that he had no role in the crime.
Finding of the Court:
The court found that there was sufficient evidence to suggest that the petitioner was involved in the drug trafficking syndicate. The court noted that the petitioner had received a large amount of money in his bank account, which was used for drug trafficking. The court also noted that the petitioner had sent a text message to another accused, alerting him that the syndicate had been busted.
Issues: Whether the petitioner was involved in the drug trafficking syndicate.
Ratio Decidendi: The court held that the petitioner was involved in the drug trafficking syndicate based on the following factors:* The petitioner had received a large amount of money in his bank account, which was used for drug trafficking.* The petitioner had sent a text message to another accused, alerting him that the syndicate had been busted.
Final Decision: The court dismissed the petitioner's bail application.
O R D E R
This is the second application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.
2. The petitioner is the sixth accused in OR No.2/2023 of Narcotic Control Bureau, Cochin, for having committed offences punishable under Sections 8(c) r/w 20(b)(ii)(A), 22(c), 25, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case is that on 24/04/2023, a consignment from Gurugram, Haryana reached Kadavanthra in favour of A1 and on a thorough investigation it was unearthed that A1 to A7 were involved in the despatch and the transportation of LSD having 5.5 grams. After that A2, A3, A4, A5 and A6 were summoned and A5 came along with A6 in his car. From this car, 80 grams of Ganja was recovered by the NCB officers and thereby committed the above offence.
4. Earlier, an application filed by the petitioner was dismissed, after detailed consideration,interalia, of the contentions regarding the violation of S.42, the illegality of the arrest,the claim for parity as bail was granted to other accused, by order dated 25.10.2023 in BA No.8094/2023. Learned counsel for the petitioner, Sri. Babu S Nair submits that a complaint has been filed and the materials clearly show that the amount transferred to the account of the petitioner was done for and on behalf of A7. There is no proof or any transaction through dark-net as alleged, no recovery was made from the petitioner, there is violation of the compliance of Section 42 and 50 of the NDPS Act, all other accused are on bail, there are no materials to connect the petitioner in the crime, there is two days delay in preparing the seizure mahazar, the parcel was put from Gudgavu, the petitioner was neither the sender nor the addressee. He also argues that not granting bail to the petitioner will give wrong signal to the Trial Court, which can prejudice him in trial.
5. Learned counsel appearing for the respondent has filed a counter opposing the bail application and reiterated the contention stated therein.
The relevant portion of the report is extracted hereunder:- A person namely Jithin Cherian A-9, Malayali, who is the owner of Echoes of Nature, where the Accused- 6/Petitioner used to stay in Himachalpradesh had been arrested in connection with another LSD drugs case thus clearly show that the Accused- 6/Petitioner along with Jithin Cheriyan A-9 and others had been running this pan India drugs trafficking network for more than 03 years together from Himachal. The petitioner is the one who got fund to arrange the drugs moreover the Accused- 6/Petitioner only placed the drugs order through dark web. He is one of the Kingpins of this drugs trafficking syndicate who made lot of young Indian youths addicted to drugs. The Accused-6/Petitioner initially was arrested on the basis of voluntary statement and other corroborative evidences. However, during the investigation it has come to light that the Accused- 6/Petitioner had received more than Rs 40,00,000/- (Forty Lakhs) which had been specifically used for drugs trafficking. The Accused-6/Petitioner is the one who used to receive drugs fund in his bank account from various drugs peddler from India then he placed the consolidated drugs order using darkweb. Apart from all the above, while the Accused-6/Petitioner was questioning by the NCB, Officer, the Accused-6/Petitioner sent a text message to Joel Jiju Varghese phone number saying that "Bust Aayi" that itself prove that since his syndicate had busted, he was alerting Joel Jiju Varghese (A-7) to abscond, which clearly prove his involvement in the crime. The printout of the "Bust Aayi message had been submitted before the Hon'ble Court.
4.That the contents of para- 07 of the bail petition is not admitted. The respondent analyzed the Accused-6/Petitioner's Federal Bank Savings Ac No. 99980114974657, statement copy hereby produced and marked as Annexure-II, when it has come to light that the Accused-6/Petitioner made transaction for
