Musthafa @Kunhu vs State Of Kerala

The applicant is the 2nd accused in Crime No.24 of 2021 of Melattur Police Station, Malappuram, for having allegedly committed offences

punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short the “NDPS Actâ€), 1985. The

prosecution case, in brief, is this:

On 25.01.2021, at about 09.05 hours, the applicant and two other accused, were found to be in possession and transporting 6.150 Kgs of ganja in a

vehicle bearing Reg.No. KL 10 S 3087 near Melattur Railway Gate. They were apprehended, arrested and remanded to judicial custody. The

applicant states that he is innocent and the allegations are not true. He has no criminal antecedents. He is willing to abide by any condition. And,

therefore, he may be released on bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant

has no criminal antecedents. Considering the fact that the embargo under Section 37 of the NDPS Act is not attracted, the applicant has been in

custody for more than a month. And, therefore, further incarceration of the applicant may not be necessary.

In the result, the 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 and on following further conditions:

(i) He shall appear before the Investigating Officer as and when called for.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

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

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.

The bail application is allowed.