AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
14 paragraphs · 364 wordsBechu Kurian Thomas, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioners are accused Nos.2 and 3 in Crime No.993/2022 of Nadakkavu Police Station, Kozhikode District (wrongly mentioned as accused Nos.3 and 4 in the bail application). The offences alleged against the petitioners are under Section 22(c) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
According to the prosecution, on 28.11.2022, at about 11 A.M., the first accused was arrested from the K.S.R.T.C. Bus Stand, Kozhikode along with 57.630. grams of MDMA. During the course of investigation, it was revealed that the contraband was purchased by the petitioners and they entrusted it with the 1st accused and the accused together committed the offences alleged.
Learned Counsel for the petitioners contended that despite the lapse of more than 180 days, final report has not yet been filed and that an application for extension of time has also not been preferred.
Smt.Sreeja V., learned Public Prosecutor upon instructions submitted that final report has not yet been filed nor has an application under Section 36A(4) of the NDPS Act been preferred.
In view of the above submission of the learned Public Prosecutor, petitioners are entitled for statutory bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating Officer as and when required.
(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence .
(d) Petitioners shall not commit any similar offences while they are on bail.
(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.