The court established that in serious drug-related offences, the potential for prejudice to an ongoing investigation can warrant the denial of bail.

ORDER

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973 .

2. Petitioner is the 2nd accused in Crime No. 72 of 2022 of Thodupuzha Police Station, Idukki District, alleging offences under Sections 420 , 370 r/w Section 34 of the Indian Penal Code, 1860 apart from Sections 23 , 20(b)(ii)B, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. According to the prosecution, the defacto complainant’s son was arrested at Dubai Airport for possessing 5.100 kgs of Ganja and it was revealed that the accused had cheated the son of the defacto complainant which led to his arrest, by handing over a packet of banana chips, dresses, and banana in which 5.10kg of ganja was hidden. At the airport, the police arrested the son of the defacto complainant, and thereafter at the behest of the defacto complainant, investigation commenced which revealed the involvement of the petitioner in the transmission of the Narcotic drug and thereby he committed the offences alleged.

4. Sri. O.U.Anish Raj, the learned counsel for the petitioner contended that no incriminating evidence have been found against the petitioner and that he has been arrested on 10-04-2022 without any basis. It was also pointed out that the petitioner has no antecedents against him and that the continued detention is not warranted in the circumstances of the case. The learned counsel also pointed out that the only link between the petitioner and the person arrested in Dubai is their friendship from college and other than that, there was nothing to connect him with the alleged crime.

5. Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that petitioner is one of the kingpin of the drug mafia and that he was instrumental in providing the drugs to be transported to Dubai. It was further submitted that investigation so far conducted revealed that the person who was arrested in Dubai was unaware that he was carrying narcotic drugs with him and that the petitioner and another accused had conspired to transport the narcotic drug through Mr.Akhil.

6. I have perused the case diary carefully.

7. Prima facie there are sufficient materials to connect the petitioner with the crime. In W.P.(C)No.18730 of 2018 this Court had directed the Crime Branch to investigate a few crimes relating to narcotic drugs with similar allegations and therefore the Crime Branch has taken over the investigation of this case also as per the direction of the State Police Chief and the matter is still under investigation. On a consideration of the circumstances of the case, I am of the view that releasing the petitioner on bail at this juncture will cause prejudice to the investigation. Apart from the above, considering the nature of the allegations, I am of the view that the petitioner is not entitled to be released on bail at present.

Accordingly, this bail application is dismissed.

BECHU KURIAN THOMAS JUDGE AJM/2/9/22