Mansoor Ali vs State Of Kerala

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the sole accused in Crime No.1240/2020 of Palakkad Town North Police Station for having allegedly committed an offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act").

The prosecution case, in brief, is that on 03.12.2020 at about 2.20 PM the applicant was intercepted and found to be in possession of 188.130 grams of Hashish Oil in 50 plastic bottles. He was arrested on 03.12.2020 and remanded to judicial custody and remains in custody.

The applicant states that he is innocent and that he has no criminal antecedents and he is law-abiding citizen and is willing to cooperate with the investigation and ready to abide by any condition that may be imposed by this Court, and therefore, seeks regular bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that the excluding the weight of the plastic bottles, the quantity of the Hashish Oil that was seized from the applicant would come to 102.875 grams, which is just above the small quantity and the rigour under Section 37 under the NDPS Act is not attracted. The applicant has no criminal antecedents. Hence, I find no reason for further detention of the applicant.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.