Jadheer Ahammed C vs State Of Kerala

Petitioner is the sole accused in Crime No.1/2021 of the Excise Range Office, Mamala for the offences punishable under Sections 20(b)(ii)B read with Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He is in custody since 03.03.2021 and seeks bail.

Petitioner was arrested for illegal possession and transportation of 1.008 kgs.of ganja on 03.03.2021 and he has been in custody from the said day. The quantity seized from the petitioner is of an intermediary quantity and is above the small quantity by a small fraction.

Taking into consideration the circumstances arising in the case and also the fact that petitioner has been custody since 03.03.2021 , I am of the opinion that this is a fit case where petitioner can be enlarged on bail.

The application is allowed as under:

Petitioner is granted bail in Crime No.1/2021 of the Excise Range Office, Mamala and shall be released on executing bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate and subject to the following conditions:

(a) One of the sureties shall be a close relative of the petitioners.

(b) Petitioner shall report to the investigating officer once every two weeks on Saturdays between 10.00 am and 12.00 pm until filing of the final report.

(c) Petitioner shall report to the investigating officer as and when required for interrogation.

(d) Petitioner shall not get involved in any offence during the period of this bail.

(e) Petitioner shall not intimidate or influence the witnesses.

(f) In case condition nos.(b) to (e) are violated, it is open to the investigating officer to file application before the learned Magistrate (until committal if any, and thereafter before the learned Sessions Judge, concerned) for cancellation of the bail granted hereby.

The Bail Application is allowed as above.