Mohammed Ashraf Shahin vs Joy, S/o Varkey

Shircy V, J

Application for regular bail.

The petitioner who is the sole accused in Crime No.301 of 2021 of Vazhikkadavu Police Station registered for the offence punishable under Sections 22 (b) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS' Act), has moved this application for his release on bail.

The prosecution allegation is that on 08.11.2021 at about 15.30 hours the SHO of Police Vazhikkadavu has intercepted the vehicle driven by the petitioner bearing No.KL 29 M 3142, on suspicion examined him and seized 4.25 grams of MDMA from his possession, kept for the purpose of illegal sale, in contravention of the provisions of the NDPS Act. Thereby, he has been booked for the aforesaid offences.

The petitioner has been in custody since 08.11.2021.

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

The learned counsel for the petitioner has submitted that he has been falsely implicated in the case and so he is undergoing unnecessary incarceration right from the date of his arrest.

The learned Public Prosecutor submitted that this petitioner is having no criminal antecedents. It is further reported that the investigation of the case is over and charge sheet has already been submitted before the jurisdictional court.

This petitioner is a young man aged only 21 years and he is having no criminal antecedents as reported by the learned Public Prosecutor.

The contraband involved in this case is much less than commercial quantity. Therefore, the statutory embargo under Section 37 of the NDPS Act is not attracted.

Having regard to the facts and circumstances of the case as well the period of detention undergone by him in judicial custody, I am inclined to release him 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. One of the sureties shall be a close relative.

(ii) 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.

(iii) The petitioner shall not commit any offence while on bail.

(iv) The petitioner shall co-operate with the trial of the case.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.