Firshad K.C vs State Of Kerala

Shircy V, J

This petitioner, who is undergoing incarceration since 25.10.2021 in connection with Crime No. 457 of 2021 of Kunnamangalam Police Station registered for the offences 22(b), 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act'), Section 118(e) of the Kerala Police Act and Section 6(b) read with Section 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, has moved this application for his release on bail.

The prosecution allegation is that on 25.10.2021 at about 12.07 p.m. the police team attached to Kunnamkulam Police Station, Kozhikode had intercepted the car driven by this petitioner on suspicion and conducted search. In the search 0.55 gms. Of MDMA, 4.42 gms. of Hashish oil and other prohibited tobacco products were seized from him and thus he has been booked for the aforesaid offences.

The learned counsel for the petitioner has submitted that he is a young man aged only 29 years having no criminal antecedents. In fact he has not committed any offence as alleged by the prosecution. But he is languishing in bail for the last more than a month.

The learned Public Prosecutor would submit that the investigation of the case is only going on. But he has no criminal antecedents.

The petitioner is undergoing incarceration since 25.10.2021. The prosecution records would reveal that the investigation is well in progress. It is further revealed from the records that the contraband seized from the petitioner is much below the commercial quantity. So, the statutory embargo under Section 37 of the NDPS Act is not attracted. Considering the present stage of investigation as well the fact that he has no criminal antecedents, 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 on the first Monday of every month between 10 a.m. and 12 noon for two months.

(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 jurisdictional court is empowered to cancel the bail in accordance with the law.