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Judgment
13 paragraphs · 332 wordsBechu Kurian Thomas, J
This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.
Petitioners are accused in Crime No.14 of 2023 of Narcotic Enforcement Squad, Adimali, alleging offences under Sections 22(b), 20(b)(ii) (A), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
According to the prosecution, while the Narcotic Enforcement officials were conducting inspection of vehicles on 03.05.2023, they found petitioners in possession of 1.340 grams of MDMA and 28 grams of dry ganja and thereby committed the offences alleged.
I have heard Sri.Latheesh Sebastian, the learned counsel for the petitioners and Smt.Neema T.V., the learned Public Prosecutor.
Petitioners were arrested on 03.05.2023. Small quantity of contraband was seized from them. Having regard to the quantity seized from the petitioners, which is a small quantity of MDMA and ganja, I am of the view that further detention is not essential. Petitioners are youngsters aged 22 years. Taking into consideration, the quantity seized from the petitioners, I am of the view that petitioners can be released on bail on conditions.
Accordingly, I allow this bail application on the following conditions :-
(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating Officer as and when required.
(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
(d) Petitioners shall not commit any similar offences while they are on bail.
(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.