Afsal vs State Of Kerala

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

The applicant is the sole accused in Crime No.6/2021 of Kalikavu Excise Range for having allegedly committed an offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act").

The prosecution case, in brief, is that on 24.02.2021 at about 3.15 PM the applicant was found to be in possession of 7 grams of MDMA and he was apprehended, arrested and remanded to judicial custody and has been in custody since then.

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

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

The quantity of the contraband article seized from the accused is not commercial, and therefore, the rigour under Section 37 of the NDPS Act is not attracted. The learned Public Prosecutor admits that the applicant has no other criminal antecedents. Under the circumstances, further incarceration of the applicant is found to be 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.