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Judgment
14 paragraphs · 290 wordsApplication for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No. 22/2021 of Nallalam Police Station for
having allegedly committed offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.
The prosecution case, in brief, is that on 08.01.2021 at about 7.30 p.m., the applicant was found travelling in a scooter bearing registration No.KL
11 AS 5237 near Saradamandiram at Nallalam. He was intercepted, and on search, 4.530 grams of MDMA was recovered from his scooter. He was
arrested and produced before the jurisdictional Magistrate and remanded to judicial custody and he continues in remand.
The applicant states that he is innocent and the allegations are not true. He has no criminal antecedents and therefore he may be granted bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor admits that the applicant has no criminal antecedents. The investigation is complete and the final report is already
filed. The quantity of the contraband involved is only intermediary. Hence, the embargo under Section 37 of the NDPS Act is not attracted. In the
result, the application is allowed and the applicant is directed to be released on bail on execution of 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 conditions:-
(i) He shall not tamper with evidence, intimidate or influence the witnesses .
(ii) He shall not get involved in similar offences during the currency of the bail.
In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.