Abu Thahid vs State Of Kerala

Application for regular bail under Section 439 Cr.P.C. The applicant is the second accused in Crime No.9/2021 of Excise Range Office, Cherthala, for having allegedly committed offences punishable under Sections 20(b)ii(B) and 25 of the NDPS Act and under Section 6 of the Cigarettes and Other Tobacco Products Act, 2003.

The prosecution case, in brief, is that on 29.01.2021 at about 10.55 p.m, the first accused was apprehended by the Excise officials and he was found to be in possession of 50 grams of ganja. He was interrogated and in his confession statement, he revealed that he had purchased the said ganja from the applicant. Accordingly he led the Excise officials to the applicant's residence and further search of his house resulted in recovery of 15,638 packets of banned tobacco products and on search of his car which was parked in the parking area, 1.525 Kg of ganja was recovered. Thus the applicant also implicated as the second accused. He was arrested on 29.01.2021 and remanded to judicial custody.

The applicant states that the allegations are not true. He is a driver by profession and belongs to Kasaragode District and he was working in Suguna Milk, Ernakulam and that the ganja was actually recovered not from his car or from his residence, but from the garbage area and the accommodation in which he is staying is shared by four other persons and it cannot be said with certainty that it was the applicant who was conscious possession of the contraband ganja. The applicant has no criminal antecedents. He has been in custody for a fairly long time 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 ganja which was seized from his possession is intermediary and therefore the rigor under the provisions of Section 37 of the NDPS Act is not attracted to this case.

In view of the fact that the applicant has no criminal antecedents, further detention of the applicant may not be necessary. 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.