Aneesh A.C v. State Of Kerala - Kerala High Court, 06 April 2022

This is an application for anticipatory bail.

The petitioner is the accused in Crime No.1/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam, alleging commission of offences under Section 20(b) (ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act').

The allegation against the petitioner is that the petitioner was found in possession of 3.1 Kgs of Ganja at his residence situated in Kareepra Grama Panchayath in Kollam District.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner is a diploma holder in Mechanical Engineering and is a young entrepreneur operating several successful businesses in and around Kollam. A reference is made to Annexures-E, F and G to show that the Plastic Recycling Unit of the petitioner is operating with all necessary licences and Annexures-L to Q are referred to, to point out that the petitioner has substantial turn over in the said business and pays a monthly GST of Rs.75,000/- to Rs.1,00,000/-. The financial status of the petitioner is shown to be robust by referring to the bank account statement of the petitioner from 01.01.2021 to 31.12.2021 to show that nearly Rs.2.9 crores was credited into the account from the legitimate businesses run by the petitioner during the said period. It is submitted that the transport division of the Company run by the petitioner is also having several vehicles. It is submitted that the alleged recovery is from the open

B.A.No.962/2022 3 area which is not in the exclusive control of the petitioner. It is submitted that a successful entrepreneur like the petitioner has no reason to deal in Ganja as alleged by the prosecution. It is submitted that the petitioner has employed several persons in his Plastic Recycling Unit which is operating from the premises from where the alleged recovery took place. It is submitted that the petitioner comes from a very humble background. It is submitted that the petitioner's father is a Post Master and his mother is a House Wife. It is submitted that the petitioner's sister's husband died around two years ago while working abroad and that his sister is unemployed. It is submitted that the petitioner is taking care of his sister's children of aged 16 and 12. It is submitted that the petitioner is also married and his incarceration will cause great prejudice to his family. It is submitted that the premises from which the alleged recovery was made is a plot of land belonging to the father of the petitioner where the Plastic Recycling Unit of the petitioner functions. It is submitted that the said compound has no boundary walls and the petitioner has employed four persons from West Bengal in connection with the work of the Plastic Recycling Unit functioning in the premise in question.

Heard the learned Public Prosecutor also.

The circumstances of the case appearing against the petitioner from the record are pointed out. It is submitted that the petitioner was very much present at the spot when the recovery was made. It is submitted that one of the Excise Officials had actually caught hold of the petitioner on his hand, but the petitioner managed to escape from the spot. It is submitted that the actions of the petitioner clearly show that he is guilty in the matter. It is submitted that the custodial

B.A.No.962/2022 4 interrogation of the petitioner is absolutely essential in the facts and circumstances of the case.

Having regard to the submission of the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, I am of the opinion that the petitioner can be granted anticipatory bail. The provisions of Section 37 of the NDPS Act do not apply in this case. Further the petitioner is a budding entrepreneur whose financial status appears to be quite robust. That apart, it is a specific case of the petitioner that the recovery was from a compound where the Plastic Recycling Unit of the petitioner functions and where members of the public have access. It is also not disputed that there are certain employees, who are employed in the Unit, who also have access to every nook and corner of the compound in question. The property is also stated to be open without any boundary walls. Therefore, one cannot completely rule out the possibility that the petitioner has no connection with the contraband recovered from the premises. Therefore, I am inclined to grant anticipatory bail to the petitioner subject to conditions making it clear that the limited custody of the petitioner will be available to the prosecution for the purposes of investigation.

In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.1/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam, subject to the following conditions:- (i) The petitioner will execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the

B.A.No.962/2022 5 satisfaction of the Arresting Officer; (ii) Petitioner shall appear before the investigating officer in Crime No.1/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam, at 10 a.m., on 7.4.2022, 8.4.2022 and 9.4.2022 and thereafter whenever called upon to do so; (iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.1/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam; (iv) The petitioner shall surrender his passport before the juri ictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the juri ictional court within seven days of release on bail; (v) Petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam, may file an application before the juri ictional Court for cancellation of bail. GOPINATH P. JUDGE acd

B.A.No.962/2022 6 APPENDIX OF BAIL APPL. 962/2022 PETITIONER ANNEXURES Annexure1 THE FREE COPY OF THE ORDER DATED 29/01/2022 PASSED BY THE PRINCIPAL SESSIONS COURT KOLLAM IN CRL.M.C NO.123/2022.