Ashraf E.T. vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.39/2021 of Railway Police Station, Palakkad alleging commission of offences under Sections 20(b)(ii)(B)

of the Narcotic Drugs Psychotropic Substances Act, 1985.

The allegation against the petitioner is that when the Railway Police and his team inspected a passenger train on 27.7.2021, the petitioner was found

transporting 10kg of Ganja on a train from Coimbatore to Palakkad.

The learned counsel for the petitioner submits that the rigour of Section 37 of the NDPS Act is not applicable in this case as the quantity seized

from the petitioner is less than the commercial quantity of Ganja. It is submitted that the petitioner has been in custody from 27.7.2021 and his

continued detention is not necessary for the purpose of this case. It is submitted that a final report has already been filed in the matter and is pending

as S.C.No.661/2021 before the Special Court, Palakkad.

The learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that the petitioner has criminal antecedents and that a similar

case had been registered against him earlier. It is submitted that the petitioner is part of a gang engaged in supply of Ganja and other drugs to several

Districts in Kerala. It is submitted that the grant of bail may not be conducive as it is likely that the petitioner may influence the witnesses and may

engage in similar activities again.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 27.7.2021 and also

considering the fact that the petitioner has already been granted bail in the earlier case registered against him and further considering the fact that a

final report has already been filed in the matter, I am of the view that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.39/2021 of Railway Police Station as and when called upon to do so;

(iii) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect

and file the same before the jurisdictional court within seven days of release on bail

(vi)Â The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 39/2021 of Railway Police Station, Palakkad may file an

application before the jurisdictional Court for cancellation of bail.