Muhammed Subair vs State Of Kerala

Ashok Menon, J.

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the 1st accused in Crime No.25/2021 of Excise Enforcement and Anti-Narcotic Special Squad, Ernakulam for having allegedly

committed the offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short “NDPS

Actâ€​).

The prosecution case, in brief, is that on 23.04.2021 the applicant and the co-accused were apprehended and they were found to be in possession of

4.2 kgs. of Ganja by the Excise Party at Kangarappady. They were arrested and remanded to judicial custody. The applicant has been in custody

since then.

The applicant states that he is innocent and the allegations are not true and that he has no criminal antecedents, and therefore, seeks indulgence of

this Court by granting regular bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no other criminal antecedents. The applicant is only 22 years old and the quantity

involved is intermediary, and therefore, the rigour under Section 37 of the NDPS Act would not be attracted to this case. Hence, the applicant is

entitled to bail.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a 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, on the following other conditions:

i) He shall appear before the investigating officer as and when called and shall cooperate with the investigation;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.