Arun George vs State Of Kerala

The applicant is the 2nd accused in Crime No.10 of 2019 of Excise Enforcement & Anti Narcotic Special Squad, Ernakulam, for having allegedly committed offences punishable under Sections 22(b), 20(b)(ii)(A) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "NDPS Act"). The prosecution case, in brief, is this:

On 08.02.2019, while the Special Squad were on patrol duty at Palluruthy Village in Ernakulam, they saw the 1st accused on a motorcycle and he was intercepted. On search, 70 grams of dried ganja and strips of Nitrozepam Tablets IP, Nitrosun 10, 54 in numbers were recovered from him. On recording his confessions statement, he revealed the involvement of the applicant also and thus he too was arrayed as an accused. The applicant states that the allegations are all untrue and that he has been falsely implicated and that apart from the alleged confession statements of the 1st accused, there are no materials to find his connection or complicity. And, moreover, the applicant was arrested on 28.02.2021 and has been in judicial custody since then. He has no criminal antecedents. And, therefore, he seeks bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents. In view of the fact that the quantity of contraband involved in this case is only intermediary, the rigour under Section 37 of the NDPS Act is no attracted. Hence, the applicant is entitled to be released on bail.

As a 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 two 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.