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Judgment
19 paragraphs · 355 wordsApplication for regular bail under Section 439 Cr.P.C. The applicant is the sole accused in Crime No.20/2020 of Parappanangadi Excise Range
Office, Malappuram, for having allegedly committed offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances
Act, 1985.
The prosecution, case in brief, is that on 26.10.2020 at about 2.p.m, while the applicant was travelling on a motorcycle bearing Reg.No.KL 65 - L
5843 at Palathingal Desom, he was intercepted by the Excise officials and they recovered 5.700 grams of ganja from his possession kept in the
motorcycle.
The applicant states that he is innocent and the allegations are not true. It is further stated that the mandatory statutory formality stipulated under
Section 50 of the NDPS Act also not been probably complied with, and therefore the applicant seeks 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 quantity involved is intermediary and therefore the
embargo under Section 37 of the NDPS Act is not attracted. The breach of Section 50 of the NDPS Act is not something to be decided by a court of
bail and I leave for the trial court to decide it. However, further incarceration of the applicant may not be necessary.
In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.1,00,000 (Rupees One
lakh only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
He shall appear before the investigating officer on all Saturdays between 9 a.m, and 12 noon for a period of two months or till filing of the final
report whichever is earlier.
He shall not attempt to influence or intimidate the witnesses.
He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.