Kerala High Court
Abhishek Saji vs Union Of India on 26 March, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
B.A.Nos.3881, 3867 & 3922 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
BAIL APPL. NO. 3922 OF 2025
CRIME NO.6/2023 OF NARCOTICS CONTROL BUREAU, KOCHI, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.10988
OF 2024 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.3:
INDRAJITH. S. KUMAR
AGED 25 YEARS
S/O. SREEKUMAR, SREELATHA NIVAS, KOLLAM P.O,
KOYILANDI, MUDADI, KOZHIKODE, PIN - 673307
BY ADVS.
RENJITH B.MARAR
LAKSHMI.N.KAIMAL
P.RAJKUMAR
KESHAVRAJ NAIR
BIJU VIGNESWAR
ARUN POOMULLI
ABHIRAM.S.
GAADHA SURESH
T.K.BABU
VISWANATH JAYAN
AKHILA RADHAKRISHNAN
SARIGA RAMACHANDRAN M.
AKSHAY SHIBU
RESPONDENT(S)/STATE & COMPLAINANT:
B.A.Nos.3881, 3867 & 3922 of 2025
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1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 INTELLIGENCE OFFICER
NARCOTIC CONTROL BUREAU, COCHIN ZONAL UNIT
ERNAKULAM - 682037, PIN - 682037
BY ADVS.
SRI.R.VINU RAJ, SPECIAL PP, NCB
SRI.K.K.SUBEESH(K/001629/2022)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2025, ALONG WITH BAIL APPL..3867/2025, 3881/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.3881, 3867 & 3922 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
BAIL APPL. NO. 3867 OF 2025
CRIME NO.6/2023 OF NARCOTICS CONTROL BUREAU, KOCHI, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.2114
OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.6:
ABHISHEK SAJI
AGED 25 YEARS
S/O. SAJI T.K, THARAKANARUPARAMBIL HOUSE, KANCHIYAR
(P.O), KANCHIYAR, IDUKKI DISTRICT, PIN - 685511
BY ADV NIREESH MATHEW
RESPONDENT(S)/COMPLAINANT:
UNION OF INDIA, REP. BY INTELLIGENCE OFFICER,
NARCOTICS CONTROL BUREAU, COCHIN, REPRESENTED BY
THE SPECIAL PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADVS.
R.VINU RAJ, SPECIAL PP, NCB
K.K.SUBEESH(K/001629/2022)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2025, ALONG WITH BAIL APPL..3922/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.3881, 3867 & 3922 of 2025
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2025:KER:25875
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
BAIL APPL. NO. 3881 OF 2025
CRIME NO.6/2023 OF NARCOTICS CONTROL BUREAU, KOCHI, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.5582
OF 2024 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.4:
JINO CJ
AGED 26 YEARS
S/O JOY , NELLIPRAMBIL HOUSE , KANDASSANKADAVU
P.O., THRISSUR, PIN - 680613
BY ADVS.
V.JOHN SEBASTIAN RALPH
VISHNU CHANDRAN
RALPH RETI JOHN
GIRIDHAR KRISHNA KUMAR
GEETHU T.A.
MARY GREESHMA
LIZ JOHNY
KRISHNAPRIYA SREEKUMAR
RESPONDENT(S)/COMPLAINANT:
NARCOTICS CONTROL BUREAU
REPRESENTED BY SPL.PP NCB, HIGH COURT OF KERALA,
PIN - 682031
B.A.Nos.3881, 3867 & 3922 of 2025
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BY ADVS.
SRI.R.VINU RAJ, SPECIAL PP, NCB
SRI.K.K.SUBEESH(K/001629/2022)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2025, ALONG WITH BAIL APPL..3922/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.3881, 3867 & 3922 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.Nos.3881, 3867 & 3922 of 2025
-------------------------------
Dated this the 26th day of March, 2025
ORDER
These Bail Applications filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita are connected and therefore I
am disposing of these cases by a common order.
2. Petitioners in these cases are the accused in OR
No.6 of 2023 of Narcotic Control Bureau (NCB), Kochi, which is now
pending as S.C. No. 1939/2023 on the files of the 1 st Additional
Sessions Court, Ernakulam.
3. The gist of the prosecution case is that: on the
basis of the intelligence information received on 21.06.2023, at
around 14:15 hours, four suspicious parcels containing narcotic
substances were recovered at Ernakulam Head Post Office. On an
inspection of the said parcels, it was found that 2.23 grams (200
LSD blots) of thick, multi-colored design paper believed to be LSD
were recovered. On the basis of the said information, the
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Investigating Officer summoned three persons. In the
investigation, it was revealed that the fourth accused had ordered
one of the parcels containing 900 mg of LSD (80 LSD blots) in the
name of his brother-in-law, Nitheesh. On questioning the said
Nitheesh, informed that the contraband article was purchased by
the fourth accused by paying Rs.25,000/- through crypto currency
to a person named "TILESHOP." Subsequently, the fourth accused
threw away his mobile phone. Thus, the accused have committed
the above offences.
4. Heard the learned counsel appearing for the
petitioners and the learned Special Public Prosecutor, who appeared
for the NCB.
5. Petitioners in B.A. Nos.3922/2025 & 3867/2025
earlier filed a bail application before this Court. This Court
disposed of that bail application with the following directions:
"1. The petitioner is free to file a bail application before the
Jurisdictional Court within two weeks raising all the contentions
raised in this bail application.
2. If such a bail application is received, the Jurisdictional Court
will consider the same and pass appropriate orders in it, in the
light of the principle laid down by the Apex Court in Ankur
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Chaudhary v. State of Madhya Pradesh [2024 Live Law (SC)
416] Nitish Adhikary @ Bapan v. The State of West Bengal
[SLP to Appeal (Crl.) No.5769 of 2022], Hasanujjaman and
others v. The State of West Bengal [SLP to Appeal (Crl.)
No.3221 of 2023] and also the principle laid down by this
Court in Shuaib A.S v. State of Kerala [2025 SCC Online 618],
within two weeks from the date of receipt of the application."
6. Now, the trial court dismissed the above
application again stating that the rigour under Section 37 of the
NDPS Act is there and the bail application can not be considered. I
am dissatisfied with the way in which the bail application is
considered by the trial court. This Court directed the trial court to
dispose of the bail application in the light of the Article 21 of the
Constitution of India and also in the light of the principle laid down
by the Apex Court in Ankur Chaudhary v. State of Madhya
Pradesh [2024 Live Law (SC) 416], Nitish Adhikary @ Bapan v.
The State of West Bengal [SLP to Appeal (Crl.) No.5769 of 2022]
and Hasanujjaman and others v. The State of West Bengal
[SLP to Appeal (Crl.) No.3221 of 2023]. In the above decisions,
the Apex Court observed that, if the accused are in custody for a
long period without trial, the rigour under Section 37 of the NDPS
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Act can be relaxed. Admittedly, in these cases, even the charge is
not framed as on today. The Public Prosecutor submitted that the
prosecution is ready to start the trial at any time. But it is a fact
that the petitioners are in custody for more than one year and nine
months.
7. In Ankur Chaudhary's case (Supra), the Apex
Court observed like this:-
"6. Now, on examination, the panch witnesses have not
supported the case of prosecution. On facts, we are not
inclined to consider the Investigation Officer as a panch
witness. It is to observe that failure to conclude the trial
within a reasonable time resulting in prolonged
incarceration militates against the precious fundamental
right guaranteed under Article 21 of the Constitution of
India, and as such, conditional liberty overriding the
statutory embargo created under Section 37(1)(b) of the
NDPS Act may, in such circumstances, be considered."
8. In Hasanujjaman's case (supra), the Apex
Court considered a case in which the accused were in custody for
one year and four months. In that case also the contraband seized
was commercial quantity. Even then the Apex Court granted bail.
9. In Nitish Adhikary's case (supra), the Apex
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Court observed like this:-
"During the course of the hearing, we are informed that
the petitioner has undergone custody for a period of 01
year and 07 months as on 09.06.2022. The trial is at a
preliminary stage, as only one witness has been
examined. The petitioner does not have any criminal
antecedents."
10. Keeping in mind, the above principle and also
considering the fact that the petitioners are in custody for more
than one year and nine months, I am of the considered opinion
that the petitioners can be released on bail keeping in mind the
Article 21 of the Constitution of India. In such circumstances,
according to me, the rigour under Section 37 of the NDPS Act can
be relaxed in the light of the above Apex Court judgments.
11. Therefore, these Bail Applications are allowed with
the following conditions:
1. Petitioners shall be released on bail on executing a
bond for Rs.50,000/- (Rupees Fifty Thousand only)
each with two solvent sureties each for the like
sum to the satisfaction of the jurisdictional Court.
2. The petitioners shall appear before the
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Investigating Officer for interrogation as and when
required. The petitioners shall co-operate with the
investigation and shall not, directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case so as
to dissuade them from disclosing such facts to the
Court or to any police officer.
3. Petitioners shall not leave India without permission
of the jurisdictional Court.
4. Petitioners shall not commit an offence similar to
the offence of which they are accused, or
suspected, of the commission of which they are
suspected.
5. The observations and findings in this order is only
for the purpose of deciding this bail application.
The principle laid down by this Court in Anzar
Azeez v. State of Kerala [2025 SCC OnLine KER
1260] is applicable in this case also.
6. If any of the above conditions are violated by the
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petitioners, the jurisdictional Court can cancel the
bail in accordance to law, even though the bail is
granted by this Court. The prosecution and the
victim are at liberty to approach the jurisdictional
court to cancel the bail, if there is any violation of
the above conditions.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
