Amruth vs State Of Kerala

The applicant is the sole accused in Crime No.1263 of 2020 of Vadakara Police Station, Kozhikode, for having allegedly committed an offence

punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the “NDPS Actâ€). The prosecution case,

in brief, is this:

On 25.12.2020, at about 3.00PM, the accused was found to be in possession of 5.25 grams of MDMA, near Palayad Nada LP School and he was

arrested. The applicant states he was undergoing treatment in National Institute of Mental Health & Neuro Sciences, Bangalore, from 2012. He has

no criminal antecedents. And, therefore, he may not be detained any longer. He seeks bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The applicant has been in custody since 25.12.2020. The

quantity involved is only intermediary. And, therefore, the rigour under Section 37 of the NDPS Act is not attracted. The applicant has no criminal

antecedents. And, therefore, I find no reasons to detain any longer.

In the result, the 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 and on following further conditions:

(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of three months or till filing of the

final report whichever is earlier.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

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

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.

The bail application is allowed.