Muhammed Nafil K vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner who is the sole accused in Crime No.42 of 2020 of Mananthavadi Excise Range, Wayanad District registered for the offences punishable under Sections 8(c), 20(b)(ii)(A) and 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, has moved this application for his release on bail.

The prosecution allegation is that this petitioner was found standing in front of the Excise check post, Tholpetty on 08.12.2020, by the Excise officials and on suspicion they conducted a search and found narcotic drugs in his possession kept for the purpose of sale. Thus he has been booked for the aforesaid crime.

The petitioner has been in custody since 08.12.2020.

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

The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. But he is undergoing unnecessary incarceration right from the date of his arrest.

The  learned  Public  Prosecutor  has  submitted  that  the contraband seized from this petitioner was forwarded for chemical examination and a report was received. On the basis of the report, it is found that he has not committed an offence under Section 22(c) of the NDPS Act and so, a report has been submitted before the jurisdictional court to alter the section as 22(b) of the NDPS Act. The said report has been accepted by the court.

As per the records available before the trial court, it appears that he is not in possession of commercial quantity of narcotic drugs. Therefore, the rigour under Section 37 of the NDPS is not applicable. His earlier application was dismissed by the Sessions court on the finding that he is not entitled for bail, as commercial quantity of narcotic drugs was involved. He has no criminal antecedents also as reported by the learned Public Prosecutor.

Having regard to the facts and circumstances of the case, the period of detention undergone by him in judicial custody, the present stage of investigation as well the fact that the final report has already been submitted before the court below, 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.

(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 or tamper with the evidence.

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

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