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Judgment
13 paragraphs · 383 wordsShircy V, J
This application for regular bail has been moved by this petitioner who is the sole accused in Crime No.515 of 2021 of Nilambur police station registered for the offences punishable under Sections 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act').
The petitioner has been in custody since 27.9.2021.
The allegation against this petitioner is that on 27.9.2021 at about 17.20 hours, this petitioner was found in possession of 1.175 kg of ganja and transporting the same in his motor cycle bearing Reg.No.KL 71 H 0818 through Nilambur-Manjeri public road and he was intercepted by the Sub Inspector of Police, Manjeri and seized 1.175 kg of ganja.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner has submitted that he has been falsely implicated in the case.
The learned Public Prosecutor on instructions submit that he has no criminal antecedents and the investigation of the case is practically over.
As the quantity of the contraband involved is less than the commercial quantity, the rigor under Section 37 of the Act is not attracted. Moreover this petitioner has no criminal antecedents and now the investigation is also nearing completion. Considering all these facts, I am inclined to release him on bail subject to the following conditions:-
(i) The petitioner shall be released on bail on his executing 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. One of the sureties shall be his close relative.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(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 or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.