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Manuf Khan vs State Of Kerala

High Court Of Kerala · Decided on 23 March 2021 · Citation: (2021) 03 KL CK 0248

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(b), 20(b)(ii)(B), 29, 37
RESULT
Allowed
CASE NUMBER
Bail Application No. 2704 Of 2021
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Judgment

9 paragraphs · 343 words
1.

The applicant is the 2nd accused in Crime No.194 of 2021 of Ernakulam Central Police Station, for having allegedly committed offences punishable under Sections 20(b) (ii) B & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "NDPS Act"). The prosecution case, in brief, is this:

2.

On 21.02.2021, the applicant and the 1st accused were intercepted by the Central Police and the 1st accused was found to be in possession of 2.054 Kgs of ganja, while the applicant was found to be in possession of 30 grams of ganja and that they had conspired to transport the aforesaid contraband articles. The applicant was arrested and remanded to judicial custody and continues in remand. The 1st accused has been granted bail. And, therefore, the applicant, who has no criminal antecedents seeks bail.

3.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the quantity of the contraband involved, the rigour under Section 37 of the NDPS Act is not attracted and since the applicant has no criminal antecedents, I find no reason for further incarceration of the applicant.

4.

As a result, the application is allowed and the applicant is directed to be released on bail on the 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 and on following further conditions:

(i) He shall appear before the Investigating Officer on all Mondays between 9.00 AM and 12.00 PM for a period of two months or till filing of the final report whichever is earlier.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

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

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.

The bail application is allowed.