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2022 DIGILAW 746 (KER)

Shain, S/o. Abdul Jabbar v. State Of Kerala

2022-08-26

VIJU ABRAHAM

body2022
ORDER : 1. This is an application for regular bail. 2. The petitioner is the sole accused in Crime No. 773 of 2022 of Kodungallur Police Station, Thrissur District registered alleging commission of offences punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The allegation of the prosecution is that on 21.07.2022 at 12.23 p.m., the police party detected that the petitioner while sitting in the driver’s seat of the bus possessed 1.830 grams of MDMA at the bus stop in front of the Mini Civil Station at Kodungallur and thus committed the abovesaid offence. 4. Petitioner submits that he is falsely implicated in the abovesaid crime and that the quantity of contraband involved is an intermediate quantity. 5. Learned Public Prosecutor upon instructions submitted that the contraband was seized from the petitioner while he was driving a public transport vehicle. A routine checking was conducted as per the direction of the Superintendent of Police (Rural), Ernakulam District, regarding the over speed of the vehicles, the petitioner's vehicle was intercepted, search of the petitioner was conducted and the contraband was seized from his pocket while he was driving the public transport bus. 6. It is a matter of serious concern that a person who is in possession of an intermediate quantity of contraband is permitted to drive a public transport vehicle as it will endanger the life of the general public availing the public transport vehicle for their daily commute. I make this observation particularly taking into consideration the fact that the contraband was seized while the petitioner was driving the vehicle. Considering the fact that the petitioner is in custody from 21.07.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner. It is directed that the petitioner shall be released on bail, subject to the following conditions: (i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. (ii) He shall appear before the investigating officer in Crime No.773 of 2022 of Kodungallur Police Station, Thrissur District on all Saturdays at 11.00 a.m. till the filing of charge sheet. (iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime and shall not tamper with any evidence. (ii) He shall appear before the investigating officer in Crime No.773 of 2022 of Kodungallur Police Station, Thrissur District on all Saturdays at 11.00 a.m. till the filing of charge sheet. (iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime and shall not tamper with any evidence. (iv) He shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.773 of 2022 of Kodungallur Police Station, Thrissur District may file an application before the jurisdictional court, for cancellation of bail. It is quite disturbing to note that the petitioner is allowed to work as a driver in a public transport vehicle in which hundreds of passengers are travelling. If any person is allowed to perform his duties as a driver, consuming narcotic drug, it will cause serious threat to the life of the common men who are depending on the public transport facilities. Therefore the Superintendent of Police (Rural), Ernakulam District and also the Regional Transport Officer, Ernakulam should take serious note of the said aspect and consider even cancellation of the driving licence of the petitioner, of course, in accordance with the law. The Police and the Motor Vehicles Department of the State shall conduct routine check so that such incidents does not happen in future. A copy of this bail order will be communicated by the Registry to the State Police Chief, the Superintendent of Police (Rural), Ernakulam District and the Regional Transport Officer, Ernakulam for appropriate action in accordance with law.