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Judgment
11 paragraphs · 384 wordsShircy V, J
Application for regular bail.
The petitioner, who is the 2nd accused in Crime No.18/2021 of Excise Range Office, Aluva registered for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS' Act), has moved this application for his release on bail under Section 439 of the Code of Criminal Procedure.
The petitioner has been in custody since 10.09.2021.
The First Information Report and the other connected records would reveal that on 10.09.2021 at 3.50 p.m this petitioner was found in the platform of railway station, Aluva with 8.225 kilograms of ganja in his possession, in contravention of the provisions of the NDPS Act, by the excise officials and thus he was booked for the aforesaid offence.
According to the learned counsel for the petitioner, he is aged only 20 years and he has not committed any office as alleged by the prosecution.
It is true that this petitioner is aged only 20 years. But the contraband was seized from his possession by the excise officials. He has been in custody since 10.09.2021 and now the investigation of the case is over and final report has already been submitted before the jurisdictional court. As final report has been submitted, I find that further detention of this petitioner is not required for investigation. So his request for bail can be considered imposing stringent conditions to secure his presence before the court for trial. Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One surety shall be his close relative.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.