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Judgment
12 paragraphs · 396 wordsShircy V., J
The petitioner who is undergoing incarceration since 28.10.2021 in connection with Crime No. 31 of 2021 of Excise Range Office (ERO), Thalassery for having committed offences 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 28.10.2021, at about 6.05 p.m. this petitioner was found in possession of 7.150 grams of MDMA and transporting the same in a vehicle bearing Reg. No. KL-10-BD-1237 for the purpose of illegal sale and thereby he was apprehended and this crime was registered against him.
The petitioner has been in custody since 28.10.2021.
The learned counsel for the petitioner would submit that he is totally innocent of the allegations levelled against him. He is a young man aged only 26 years having no criminal antecedents.
The learned Public Prosecutor has opposed the application contending that he was caught red handed. But it is submitted that he has no criminal antecedents.
The records would reveal that the investigation of the case is practically over. The petitioner has no criminal antecedents. The total quantity of the contraband involved is much less than the commercial quantity. Therefore, the statutory embargo under Section 37 of the NDPS Act is not attracted. Considering all these facts as well the period of detention undergone by him in custody, I am inclined to release him on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his 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.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) 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 de facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.