Rifas vs State Of Kerala And Ors

Both these applications are filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioners are the accused Nos. 1 and 3 in Crime No.184/2021 of Thrikkakkara Police Station. The offences alleged are under Sections 20(b)

(ii)(B), 22(a) and 29 of the NDPS Act.

The prosecution case in short is that on 09.03.2021 at about 12.30 p.m., the petitioners and the 2nd accused were found in possession of Narcotic

and Psychotropic substance such as ganja, MDMA and LSD at Siver Light Hostel, Kakkanad in contravention of the NDPS Act and Rules and

thereby committed the crime.

Heard both sides and perused the case diary.

The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present

case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The

learned Public Prosecutor opposed the bail application. She contended that the alleged incident occurred as a part of the intentional criminal acts of the

petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.

The petitioners were arrested 09.03.2021 and since then they are in judicial custody. What is seized from the possession of the first accused is 0.05

grams of LSD and 1080 grams of ganja. Both are intermediary quantity. What was seized from the third accused is 160 grams of ganja, which is a

small quantity. The learned Public Prosecutor submitted that even though Section 22(c) of the NDPS Act was initially incorporated, now a report has

been filed by the prosecution deleting the said section. Hence, no commercial quantity is involved. The investigation is almost over. The petitioners

have no criminal antecedents. For all these reasons, the petitioners are entitled to be released on bail on conditions.

In the result, the applications are allowed on the following conditions:-

(i) The petitioners shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like

sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The

petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners shall not commit any offence of like nature while on bail.

(v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court.