ORDER

Petitioners in these cases are the 3rd and 6th accused in Crime No.731 of 2021 of Haripad Police Station, Alappuzha District, alleging the commission of offences under Sections 8(c), 22(c) and read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act. 2. The connected Crl.M.C.No.2957 of 2022 has been filed seeking to quash Annexure-A5 order, issued by the Sessions Court, Alappuzha in Crl.M.P.No.1296 of 2022, principally on the ground that the said order was issued, without proper notice to the accused. The learned counsel for the petitioners raised only one point. They stated that the petitioners were arrested on 07.11.2021 and they completed 180 days in custody on 05.05.2022. They stated that taking into account the provisions of Section 36A of the NDPS Act the petitioners were entitled to statutory bail as on 05.05.2022, unless the time had been extended on the application made by the learned Public Prosecutor as provided for in the proviso to Section 36A(4). It is submitted that an application was filed by the learned Public Prosecutor in question (Annexure-A2 in Crl.M.C.No.2957 of 2022) on 30.04.2022. It is submitted that without hearing the accused and without proper notice, the said application was allowed by the learned Sessions Judge on the same day. It is submitted that this is improper and illegal in the light of the law laid down by this court in Midhun V State of Kerala 2021 (4) KHC 210 and in M.Ravindran V Directorate of Revenue Inteligence (2021) 2 SCC 485.

3. I have heard the learned Public Prosecutor also.

4. I called for the records relating to Annexure-A2 order referred to above from the learned Sessions Court, Alappuzha. After perusing the records, I am of the opinion that there is merit in the contention taken by the learned counsel for the petitioners. It appears that Annexure-A2 order was issued without proper notice to the petitioners/accused No.3 and 6. Since time for completion of investigation has not been extended in a legal manner, the petitioners are entitled to statutory bail as on date. No final report has been filed. Taking into consideration the above, I am inclined to direct that the petitioners shall be released on bail, subject to the following conditions:

(I) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioners shall report before the Investigating Officer in Crime No.731 of 2022, Harippad Police Station as and when called upon to do so.

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.731 of

2022 of Harippad Police Station.

(iv) The petitioners shall not involved in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.731 of 2022 Harippad Police Station may file an application before the jurisdictional Court for cancellation of bail.

The Registry shall return the records called for by this court to the Sessions Court, Alappuzha.

Bail applications and Crl.M.C are allowed.

Sd/-

GOPINATH P.

JUDGE

R.AV

APPENDIX OF CRL.MC 2957/2022 PETITIONER ANNEXURES Annexure A1 COPY OF THE ORDER OF THIS HONOURABLE COURT IN BAIL APPLICATION B.A. NO. 1355 OF 2022.

Annexure A2 COPY OF THE REPORT WITH A PRAYER FOR GRANTING AN EXTENSION OF PERIOD OF ANOTHER 180 DAYS OF CUSTODY OF ACCUSED AS CRIMINAL M.P. NO. 1296 OF 2022 FILED BEFORE THE SESSIONS COURT, ALAPPUZHA DATED 29.4.2022.

Annexure3 COPY OF THE AFFIDAVIT AND APPLICATION SEEKING CUSTODY OF THE PETITIONER FILED BY THE INVESTIGATING OFFICER AS CRL. M.P. NO.

2375 OF 2021 DATED 12-11-2021.

Annexure A4 COPY OF THE REPORT DATED17-01-2022 FILED BY THE INVESTIGATING OFFICER ALONG WITH THE BANK DETAILS OF THE PETITIONER BEFORE THE COURT BELOW IN BAIL APPLICATION FILED BY THE PETITIONER.

Annexure A5 CERTIFIED COPY OF THE ORDER DATED

30.4.2022 IN CRIMINAL M.P. NO. 12