Basheer vs State Of Kerala

Shircy V.

This application is filed by the sole accused in Crime No. 476 of 2021 of Manjeri Police Station registered for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act').

The petitioner has been in custody since 26.09.2021.

The prosecution allegation is that on 26.09.2021 at about 3.25 Hrs. the petitioner was found in possession of 1.600 kgs. of ganja kept for the purpose of illegal sale in contravention of the provisions of the NDPS Act and thereby he has committed the aforesaid offence.

According to the learned counsel for the petitioner, he is totally innocent.

The learned Public Prosecutor has submitted that the investigation of the case is over and charge sheet has been submitted on 22.10.2021.

The quantity of the contraband involved is less than commercial quantity. The petitioner has no criminal antecedents. Since the date of his arrest, i.e. on 26.09.2021, he is undergoing incarceration. As the quantity of the contraband involved is less than commercial quantity, the rigour under Section 37 of the NDPS Act is not attracted. Considering all these facts, I am inclined to grant bail to the petitioner.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a 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.

(ii) The petitioner shall co-operate with the trial of the case.

(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.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.