ORDER

This is an application for regular bail.

2. The petitioner is accused No.4 in Crime No.13/2020 of Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram alleging commission of offence punishable under Sections 8(c), 20(b), (ii), (C) & 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

3. The prosecution allegation is that, on 08.10.2020 at about

3 pm, the petitioner and other accused were found transporting 3 Kg of Hashish oil and 101 Kg of ganja in two vehicles viz., Mahindra Bolero Maxi Truck bearing registration No.KL-16-F- 2824 and Ashok Leyland TDCR bearing registration No.KL-43-D-

7923 and thereby committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the petitioner is in custody from 08.10.2020 and the final report is already filed. It is also submitted that the petitioner is falsely implicated in the above said crime.

5. The learned Public Prosecutor seriously opposed the bail application mainly contending that the quantity involved in this crime is 101 Kg of ganja and 3 Kg of Hashish oil and that the petitioner was arrested from the spot having found the vehicle transporting the alleged contraband.

6. Since the contraband article being of commercial quantity, the rigor of Section 37 of the NDPS Act will come to play. No substantial contentions have been raised by the petitioner to get over the rigor of Section 37. I feel that the petitioner is not successful in establishing that his case will not come under the rigor of the twin conditions mentioned in Section

37 of the NDPS Act.

7. When the matter was taken up for consideration during the last posting, a report was called for from the Trial Court, regarding the present stage of the case pending as S.C.No.734/2021 and a report has been submitted intimating that the 5th accused is absconding and a warrant was ordered against him and he could not be arrested so far and that three months time will take to complete the process against the 5th accused. It is also reported that only thereafter the charge can be framed and trial can be conducted against accused Nos.1 to 4, by splitting up the case against the 5th accused after completing the process, which will require three months time.

Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner since the quantity involved in this case is a commercial quantity. Considering the fact that the petitioner is in custody from 08.10.2020 and the charge sheet is already laid, there will be direction to the trial court to expedite the trial of the case pending as S.C.No.734/2021 and dispose of the same without any further delay.