K.R. Sajid vs State Of Kerala

Shircy V., J

This successive application for regular bail has been submitted by the petitioner who is the second accused in Crime No.06 of 2021 of

Sreekandapuram Excise Range, Kannur District registered for the offences punishable under Sections 22(b), 20 (b) (ii)(A) r/w Section 29 of the

Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’ Act).

The prosecution allegation is that on 31.07.2021 at about 6.30 pm this petitioner was found along with the other accused transporting narcotic drugs

in a car bearing No.KL 10 AM 827 through the public road at Taliparamba, in contravention of the provisions of the NDPS Act and they were

apprehended by the Excise officials and the contraband was seized and thus the crime was registered against this petitioner as well the other accused.

The petitioner has been in custody since 31.07.2021.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner would submit that he is absolutely innocent of the allegation levelled against him. In fact, he is undergoing

unnecessary incarceration for more than 5 months. It is also pointed out by the learned counsel for the petitioner that accused Nos.1 and 3 had already

been released on bail by this court.

The learned Public Prosecutor on instruction submits that the investigation of the case is over and charge sheet has been submitted before the court

below. Now the case is pending for trial. But this petitioner is having criminal antecedents as he is involved in Crime No.01 of 2021 registered by the

Excise Enforcement and Anti narcotic Squad, Kannur.

It is true that this petitioner is having criminal antecedents as he is involved in another case registered under the NDPS Act. But the quantity of the

contraband involved in this case as well in the other case are much less than commercial quantity. Therefore, the statutory embargo under Section 37

of the NDPS Act is not attracted.

Moreover, the investigation of the case is over and charge sheet has been submitted and the case is ready for trial. As pointed out by the learned

counsel for the petitioner, accused Nos.1 and 3 had already been released on bail. Material on records are not sufficient to conclude that his further

retention in custody is required. Taking into account of all these facts, I am inclined to release this petitioner on bail subject to the following conditions

:-

(i) The petitioner shall be released on bail on 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) He shall co-operate with the trial of the case.

(ii) He shall appear on every posting date without any fail unless when permitted by the court below for valid reasons.

(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.