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Judgment
22 paragraphs · 398 wordsK.Haripal, J
The 2nd accused in Sessions Case No.117/2019 pending before the Special Judge, NDPS cases, Vadakara, is the petitioner, who has made this
application under Section 439 of the Cr.P.C.
The prosecution records show that, on 21.4.2019, the first accused was arrested along with 983.95 grams of Hashish Oil. He was arrested and on
the basis of the confession statement given by him the petitioner was also arrayed as the 2nd accused and he was arrested on 16.4.2021. According to
the learned counsel for the petitioner, nothing has been seized from him; he has no antecedents, as far as NDPS cases are concerned.
The learned Special Public Prosecutor appearing for the Customs submits that the petitioner has many other cases to his credit under the I.P.C, but
he could not collect such details. Whatever it may be, he was arrested on 16.4.2021 and is in custody for the last 78 days. The allegations against him
are under Sections 20(b)(ii)(B), 23(b), 27A, 28 and 29 of the NDPS Act, 1985.
The prime accused, from whom the contraband was seized, has already been granted statutory bail. In the circumstances, I do not think that any
further purpose can be served by detaining the petitioner in custody. Learned Special Prosecutor has apprehended that, he may flee from justice and
may also involve in similar offences in future. By imposing stringent conditions, such an apprehension of the prosecution can be addressed.
Therefore, the petitioner shall be released on bail on the following conditions:-
i) Petitioner shall execute bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court;
ii) He shall not try to contact or influence the witnesses or tamper with evidence.
iii) He shall not leave Kannur Revenue District without leave of the jurisdictional Court.
iv) He shall not involve in any crime during the period on bail;
v) Petitioner shall appear before the Investigating Officer/trial Court as and when required;
vi) Petitioner shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid
19 pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.
This bail application is allowed as above.