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Judgment
16 paragraphs · 291 wordsApplication for regular bail under Section 439 Cr.P.C. The applicant is the sole accused in Crime No.02/2021 of Excise Range Office, Mattannur,
for having allegedly committed offence punishable under Section 20(b)(ii)(B) of the NDPS Act
The prosecution case, in brief, is that on 17.01.2021, the applicant was travelling in a Tata Sumo car bearing Reg. No.KL-12 C 2145 and was
intercepted by the Excise Range Officer near Kalaroad bridge on Iritty-Mattannur Public road and on search, found 1.6 Kg of Ganja from his car.
The applicant was arrested and remanded to judicial custody.
The applicant states that he is innocent and the allegations are not true. Therefore seeks regular bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor admits that the applicant has no criminal antecedents. The quantity of Ganja is intermediary and the embargo under
Section 37 of the NDPS Act is not attracted.
In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.1,00,000/- (Rupees One
lakh only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
He shall appear before the investigating officer on all Saturdays between 9 a.m and 12 noon for a period of two months or till filing of the final
report whichever is earlier.
He shall not attempt to influence or intimidate the witnesses.
He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.