Bail under the NDPS Act may be granted if evidence is insufficient to connect the accused with the contraband.

ORDER

This is an application for regular bail.

2. Petitioner herein is arrayed as the 4th accused in Crime No.2/2022 of Excise Range, Mamala, registered for the offences u/s 20(b) (ii) (B)(C), and Section 25 r/w Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. The Prosecution allegation in the above case is that, A2 to A4 had been arrested by the Excise Inspector; Kunnathunade on information searched the house on getting information that the large quantities of narcotic drugs were stored in that rented house No. VI/220 at Aymanakudy Panchayath. It is alleged that he had detected and seized 15.01 Kg dry Ganja from bed room of the house. Thereafter on information a scooter having registration number KL23-P-218 was inspected which was found parked outside the house. When inspected, 1.65 Kgms of hashish oil and 1.92 gms of MDMA was found inside the vehicle. After seizure the petitioner along with A2 & A3 were arrested alleging the possession of contraband. The petitioner is arrayed as 4th accused in the above case.

4. The petitioner submits that he is a student of Jayabharatham College of Engineering and Technology. His further case is that nothing is recovered from his possession and also he has no role in the alleged storage of the contraband. Though he moved an application for bail, the same was rejected by Annexure-1 order. Petitioner further submits that he is totally innocent of the charges leveled against him and he has no other previous criminal antecedents also. He is in custody from 23.1.2022 onwards.

5. When the matter was taken up for consideration, the learned Senior Public Prosecutor brought to my notice that an order passed by this Court in B.A.No.3831 of 2022 in respect of the 2nd accused in the above said crime, whereby this Court disposed of the said bail application as per order dated 16.7.2022, I am inclined to dispose of the bail application also in similar lines.

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, that if a bail application 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.