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2023 Supreme(Online)(KER) 3914
HIGH COURT OF KERALA
VIJU ABRAHAM, J
AHAMED ROUFALI – Appellant
Versus
NARCOTICS CONTROL BUREAU - NCB – Respondent
Bail Appl. 341/2023
V.JOHN SEBASTIAN, RALPH VISHNU CHANDRAN, RALPH RETI JOHN, APPU BABU, SHIFNA MUHAMMED, SHUKKUR GIRIDHAR, KRISHNA KUMAR, GEETHU T.A., APOORVA RAMKUMAR
Health considerations can lead to granting bail under stringent conditions, even in narcotics cases with serious charges.
Headnote:
Bail - Narcotics Offences - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 22, 28, 29; Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (Prevention and Control) Act - Section 34(2) - Summary: The court considered the health conditions of the petitioner and the pending trial, ultimately deciding to grant bail while imposing strict conditions to ensure compliance and prevent interference with the investigation.
Fact of the Case:
The petitioner, accused in a narcotics case involving the seizure of 3.5 Kgs of Hashish oil, was in custody for over three months without charge. He suffered from serious health issues, including being HIV positive, and sought bail based on his deteriorating condition.
Issues: Whether the petitioner should be granted bail in light of his health condition and the lack of trial progress.
Ratio Decidendi: The court found that health concerns can influence bail decisions, especially when not engaging in further criminal activity and when other accused had already been granted bail.
Final Decision: Bail granted under stringent conditions.
O R D E R
This is an application for Regular Bail.
2. The petitioner is the first accused in Crime No.5 of
2021 of Narcotics Control Bureau, Kochi, alleging commission of offences punishable under Sections 20 (b)(ii)(C), 22(c), 28 r/w 29 of the Narcotic Drugs and Psychotropic Substances Act,1985.
3. The prosecution allegation is that, on 10.09.2021 an information was received by the detecting officer and in pursuance to that information, the NCB officials conducted a search at AW Courier and Cargo on 12.09.2021 which eventually led to the seizure of 3.5 Kgs. of Hashish oil, meant for delivery to the address of the first accused and thereby committed the aforesaid offences.
4. The learned counsel for the petitioner submits that he is arrested on 30.09.2021 and is in custody since then. Final report is already laid and further detention is not required. He had earlier moved an application for bail wherein his specific contention was that he is seriously ill and has been tested HIV positive. He further contended that his continued detention in custody is detrimental to his health.
5. I have considered the bail application of the petitioner earlier and taking into consideration Section 34(2) of the Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (Prevention and Control) Act directed the trial court concerned to expedite the trial of the case and to dispose of the same within a period of three months. In this bail application I have called for a report from the trial court concerned regarding the present stage of the case wherein it is reported that eventhough three months time has been fixed by this Court not even the charge is framed.
6. Heard the learned Special Public Prosecutor for the NCB who opposes the application mainly contending that the petitioner was arrested along with 3.5 Kgs of Hashish oil and that the petitioner shall not be granted bail. In earlier round of litigation I have called for a report from the Superintendent of Central Prison & Correctional Home, Viyyur who in turn submitted a report that proper treatment has been provided to the petitioner. It is seen that the 2nd and 5th accused have already been granted bail. It is a fact that the petitioner is suffering from serious physical condition and the learned counsel for the petitioner would submit that his health is deteriorated much and that the illness is serious. Taking into consideration the health condition of the petitioner I have directed the trial court to expedite the trial of the case and complete the same within a period of three months. Even now the charge has not been framed. It is also submitted by the learned Special Public Prosecutor that the petitioner is not involved in any other crime.
6. Having regard to the facts and circumstances of the case, taking into consideration the serious health condition of the petitioner and I am inclined to grant bail to the petitioner on the following stringent conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) The Petitioner shall appear before the Town Police Station, Kasaragod in connection with Crime No.5 of 2021 of Narcotics Control Bureau, Kochi, on every second Saturday at
11.00 am;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.5 of 2021;
(iv) The petitioner shall not involve in any other crime while on bail.
(v) The petitioner shall not leave the State before obtaining the prior permission of the jurisdictional court.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.5 of 2021 may file an application before the jurisdictional court, for cancellation of bail.
