Sadam Hussain vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the accused in Crime No.412/2023 before the Koratty Police Station, Thrissur District. The offences alleged against the petitioner are under Sections 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, on 23.04.2023 the accused was found in possession of 1.790 gms of MDMA kept inside a bag in a car bearing registration No.KL-58-Y-9000 and thereby committed the offences alleged.

Sri.Balamurali K.P., the learned counsel for the petitioner submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was submitted that petitioner was arrested on 23.04.2023 and that he has been in custody since then. It was further submitted that taking note of the quantity of contraband allegedly seized from the petitioner and also the period of detention already undergone, the petitioner ought to be released on bail. It was further contended that petitioner has no criminal antecedents under the NDPS Act and that he has been falsely implicated in the present crime.

Sri.Manu P.G., the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations are serious in nature and that the nature of contraband seized from the petitioner ought to be borne in mind while considering this application. It was also submitted that the petitioner is involved in a crime filed under the SC/ST Act.

I have considered the rival contentions. The quantity seized from the petitioner is only 1.790 gms of MDMA. Admittedly the quantity seized is less than commercial. The restrictions provisions under Section 37 of the NDPS Act do not therefore apply. Considering the period of detention already undergone from 23.04.2023 and taking into consideration the quantity seized from the petitioner, I am of the view that petitioner can be released on bail on strict conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.