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Judgment
12 paragraphs · 372 wordsViju Abraham, J.
This is an application for regular bail.
The petitioner is accused No.1 in Crime No.64/2022 of Narcotic Enforcement Squad Office, Adimali, Idukki District, alleging commission of offences punishable under Section 8(c) r/w Sections 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act.
The prosecution allegation is that, on 14.09.2022, the accused were found in possession of 1.121 Kgs of dried ganja and thereby committed the aforesaid offences.
4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime and that he has no other criminal antecedents. It is also submitted that the petitioner is in custody from 14.09.2022 onwards.
The learned Public Prosecutor seriously opposed the bail application mainly contending that the accused were found in possession of 1.121 Kgs of dried ganja. It is further submitted that no other criminal cases have been reported as against the petitioner.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 14.09.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the 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) Petitioner shall appear before the investigating officer in Crime No.64/2022 of Narcotic Enforcement Squad Office, Adimali, Idukki Districton every Saturday at 11 am, until filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.64/2022 of Narcotic Enforcement Squad Office, Adimali, Idukki District;
(iv) 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.64/2022 of Narcotic Enforcement Squad Office, Adimali, Idukki District may file an application before the jurisdictional court, for cancellation of bail.