Abdul Muthalib vs State Of Kerala

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is an accused in Crime No.115/2021 of Perinthalmanna Police Station for having allegedly committed an offence punishable under Section 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act").

The prosecution case, in brief, is that on 27.02.2021 at about 9.00 PM the applicant was found to be in possession of 1.840 kgs. of Ganja at Kappukukkam Annimillu Junction by the Sub Inspector of Police and his party attached to the Perinthalmanna Police Station. He was arrested and remanded to judicial custody and continues in custody.

The applicant states that he is innocent and the allegations are not true and that he has no other criminal antecedents, and therefore, seeks bail.

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

The learned Public Prosecutor admits that the applicant has no criminal antecedents. The quantity of the contraband article seized from the applicant is not commercial, and therefore, the rigour under Section 37 of the NDPS Act is not attracted. In view of the fact that the applicant has no other criminal antecedents, further incarceration of the applicant is not necessary.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer as and when called and shall cooperate with the investigation;

ii) He shall not attempt to influence or intimidate the witnesses; and

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

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.