High CourtsSingle Bench

Livingston vs State Of Kerala

High Court Of Kerala · Decided on 18 January 2023 · Citation: (2023) 01 KL CK 0161

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(b)(ii)B
RESULT
Dismissed
CASE NUMBER
Bail Application No. 295 Of 2023
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Judgment

13 paragraphs · 341 words

Viju Abraham, J

1.

This is an application for regular bail.

2.

Petitioner is the 2nd accused in Crime No.69 of 2022 of Thrissur Excise Enforcement and Anti Narcotic Special Squad, Thrissur registered alleging commission of offence punishable under Section 22(b) (ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

The prosecution allegation is that on 25.11.2022 the petitioner and other accused persons were apprehended while transporting 10.270 kgs of ganja. Thus the petitioner has committed the aforesaid offence.

4.

Petitioner submits that he has been falsely implicated in the abovesaid crime and that he is in custody from 25.11.2022 onwards. Petitioner further submits that he has no other criminal antecedents.

5.

Learned Public Prosecutor opposed the application for bail mainly contending that large quantity of contraband was seized from the possession of the petitioner, but submitted that he is not involved in any other crimes.

Considering the facts and circumstances of the case and also taking note of the detention of the petitioner from 25.11.2022 onwards and the fact that he has no other criminal antecedents, I am inclined to grant bail to him on the following conditions.

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.69 of 2022 of Thrissur Excise Enforcement and Anti Narcotic Special Squad, Thrissur on all Saturdays at 11.00 a.m. for a period of six months.

(iii) He shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.69 of 2022 of Thrissur Excise Enforcement and Anti Narcotic Special Squad, Thrissur may file an application before the jurisdictional court, for cancellation of bail.