Muhammed Kabir vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No.21/2021 of Excise Range Office, Perinthalmanna, Malappuram District alleging commission of

offences under Sections 20(b)(ii)B of Narcotic Drugs and Pshychotropic Substances Act, 1985.

The allegation against the petitioner is that the petitioner and the 2nd accused were found transporting 3 Kgms of Ganja in a scooter bearing

registration N0.KL 53Q 1735 at 12.40 p.m. on 8.10.2021 in Perinthalmanna Valancheri Road and thereby committed the aforesaid offences.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and that he has been falsely implicated. It is

submitted that the alleged recovery is of 3Kgms which in respect of Ganja is an intermediate quantity. It is submitted that the rigour of Section 37 of

the NDPS act, therefore, is not attracted. Finally, it is submitted that the petitioner has completed 92 days in custody, having been arrested on

8.10.2021 and that his further detention is not required as a final report has already been filed in the matter.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and taking into consideration of the fact that the petitioner has been in custody for 92

days and also taking into account the fact that a final report has already been filed in the matter, I am of the view that the petitioner can be released

on bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.21/2021 of Excise Range Office, Perinthalmanna, as and when called upon to do so;

(iii) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect

and file the same before the jurisdictional court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 21/2021 of Excise Range Office, Perinthalmanna, may file an

application before the jurisdictional Court for cancellation of bail.