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Judgment
15 paragraphs · 469 wordsShircy V, J
The petitioner, who is arraigned as the 2nd accused in Crime No. 1592 of 2021 of Kannur Town Police Station registered for the offences punishable under Sections 22(b), 20(b)(ii) A and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act'), has filed this application for his release on bail.
The petitioner has been in custody since 03.10.2021.
The prosecution allegation is that on 03.10.2021 at 13.55 hrs. the Sub Inspector of Police, Kannur Town Police Station intercepted a vehicle bearing Reg. No. KL-13-F-3042 and conducted search, on suspicion. In the search they have seized 3.2884 grms. Of MDMA and 900 grms. of ganja concealed in the car for sale and thus this petitioner as well as other accused, who were in the car were arrested and the contraband were seized and thus the crime was registered.
The learned counsel for the petitioner submits that he is totally innocent and the car belongs to the 1st accused and he was just travelling in the car. He has not kept any contraband
as alleged by the prosecution in that car. But he is undergoing incarceration for the last two months.
The learned Public Prosecutor has submitted that the investigation of the case is well in progress. This petitioner is not having any criminal antecedents as reported by the learned Public Prosecutor.
Heard the rival contentions in detail and perused the records.
The total quantity of the contraband seized from this petitioner as well the other accused are much less than commercial quantity. Therefore, the rigour under Section 37 of the NDPS Act in granting bail is not attracted. The petitioner is also having no criminal antecedents. Now the investigation has also progressed considerably. Therefore, I am inclined to release him on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer on alternate Mondays between 11 a.m. and 12 noon for a period of two months or till the filing of the final report, whichever is earlier.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.