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Judgment
13 paragraphs · 406 wordsShircy V, J
The petitioner, who is the 1st accused in Crime No. 7 of 2021 of Excise Range Office, Kuttampuzha registered for the offences punishable under Sections 20(b) (ii) B and 25 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act'), has moved this application for his release on bail.
The petitioner has been in custody since 06.10.2021.
The prosecution allegation is that on 06.10.2021 at about 6.25 p.m. the petitioner along with the 2nd accused was found in possession of 1.800 kgs. of ganja and transporting the same in a motor cycle bearing Reg. No. KL-68-A-1875 for sale in contravention of the provisions of the NDPS Act and thereby committed the aforesaid offences.
The learned counsel for the petitioner has pointed out that this petitioner is a student aged only 19 years, and in fact he was falsely implicated in the case.
The learned Public Prosecutor on instruction submits that the investigation is well in progress and that the petitioner has no criminal antecedents.
As reported by the learned Public Prosecutor, this petitioner is having no criminal antecedents. He is aged only 19 years and is a student pursuing his studies in a college at Pampakuda. Moreover, the contraband involved is much less than the commercial quantity. Therefore, the rigour under Section 37 of the NDPS Act in granting bail is not attracted. Considering the present stage of investigation as well the period of detention undergone by him, I am inclined to release him on bail.
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 appear before the Investigating Officer for interrogation as and when required by him, in writing.
(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 empowered to cancel the bail in accordance with the law.