Noufal Khan vs State Of Kerala

Mohammed Nias C.P.J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the sole accused in Crime No.829 of 2023 of Kovalam Police Station, Thiruvananthapuram, for having committed an offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that at about 16 hours on 12.08.2023, the petitioner was found in possession of 1 gram 180 milligrams of MDMA for the purpose of sale in front of his rented house, M.S.Villa, Benson Nagar, at Panangode Desom, Venganoor Village, in violation of the provisions of the NDPS Act. Accordingly, the accused was arrested, and the contraband was seized. Pursuant to recovery and arrest, the crime alleging the commission of an offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act (`NDPS Act' for short hereinafter) was registered.

The learned counsel appearing for the petitioner would say that the petitioner is innocent of the allegations against him. It is also submitted that the quantity involved in this case is only 1 gram, 180 milligrams of MDMA. It is urged that the petitioner is in custody from 12.08.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the application.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, taking note of the fact that the quantity involved in this case is intermediate quantity, that he has been in custody since 12.08.2023, that there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner despite there being one antecedent reported against the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.100000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall furnish his address and his mobile number to the Court as well as to the Investigating Officer;

(iii) The petitioner shall report before the Investigating Officer as and when directed;

(iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(v) The petitioner shall not be involved in any other crime while on bail;

(vi) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;