Abdu K vs State Of Kerala

Application for regular bail under Section 439 Cr.P.C. The applicant is the first accused in Crime No.5/2021 of Iritty Excise Range Office, Kannur,

for having allegedly committed offence punishable under Section 20(b)(ii)(B) of the NDPS Act.

The prosecution case, in brief, is that on 27.01.2021, the applicant and the second accused, were transporting 2 Kgs of ganja in the Maruthi Swift

Car bearing Reg.No.59 V.6624 belonging to the applicant, from Bangalore and were intercepted by the Excise party at Vilamana in Iritty and the

contraband was concealed inside the bonnet of the car and seized. The applicant and the co-accused were arrested and remanded to judicial custody.

The applicant states that he is innocent. He is a gulf returnee and that he was plying the Maruthi Car as a hired taxi and second accused is not

known to him. He was engaged by the 2nd accused to take him to Bangalore on hire for purchase of garments, and that after some time the second

accused returned stating that the garments were not available, and thus they returned to Iritty. The applicant did not know that the second accused

had concealed contraband ganja inside the bonnet of the car and it was without his knowledge that the contraband was being transported. He is not

involved in any other crimes. He belongs to a very poor family and he is the sole breadwinner of the family which includes his aged parents as well

and therefore he seeks indulgence of this Court for granting bail to him.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no criminal antecedents. He has been in custody for more than a month. In view of the

fact that the contraband seized is not a commercial quantity, the rigor under Section 37 of the NDPS Act is not attracted.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.1,00,000 (Rupees One

lakh only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

(1) He shall appear before the investigating officer on all Saturdays between 9 a.m and 12 noon for a period of two months or till filing of the final

report whichever is earlier.

(2) He shall not attempt to influence or intimidate the witnesses.

(3) He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.