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Judgment
18 paragraphs · 339 wordsAshok Menon, J
APPLICATION FOR REGULAR BAIL
The applicant is the 1st accused in Crime No.364 of 2021 of Fort Police Station, Thiruvananthapuram, for having allegedly committed an offence
punishable under Section 22(C) of the NDPS Act. The prosecution case, in brief, is this:
On 08.03.2021, at Flat No.2 of Harmony Apartments in Pettah Village, Thiruvananthapuram, the search of the flat by the Inspector of Police,
Pettah Police Station, ended in recovery of 39 grams of MDMA, from an almirah in the room. Four persons including the applicant were sitting in the
room. Three of them including the applicant were arrested. The applicant has been in custody since then. It is stated that the final report has not yet
been filed. But, the FSL report has been filed which indicates that the contraband seized is not MDMA. But, it is only Metamfetamine coming as item
No.159 in the Schedule to the NDPS Act and it requires 50 grams of Metamfetamine to make commercial quantity. The quantity involved is only 39
grams. And, therefore, the rigour of Section 37(1)(b)(ii) of the Act is not attracted in this case. The applicant has no criminal antecedents.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty
thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 10.00 AM for a period of two months more or till filing of the final report
whichever is earlier.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.