Levin vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the 1st accused in Crime No.547/2023 of Mathilakam Police Station, Thrissur which was registered for the offences punishable under Section 22(b) of NDPS Act.

The prosecution case is that on 14.06.2023 at about 4.30 p.m., the petitioner was found in possession of 8 grams of MDMA kept in the pocket of the jeans pants worn by the petitioner. The crime was registered in such circumstances and the petitioner was arrested on the same day. Since then he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri.Binu Paul, learned counsel for the petitioner and Smt.Seetha S., learned Public Prosecutor for the State.

I have gone through the records. It is true that, there allegations against the petitioner and he was found in possession of the contraband articles. However, the quantity involved is not commercial and therefore, the rigour under Section 37 of the NDPS would not come into play. No criminal antecedents of the petitioner were also brought to my notice. The petitioner has been under judicial custody since 14.06.2023 and there is substantial progress in the investigation. In such circumstances, I do not find any necessity of further incarceration of the petitioner.

Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions:

i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully co-operate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

iv) The petitioner shall appear before the Investigating Officer as and when required.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The  petitioner  shall  not  leave  India  without  the permission of the jurisdictional court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.