Sameer vs State Of Kerala

Gopinath P., J

These applications are for regular bail.

Petitioners are the accused in Crime No.25/2021 of Kozhikode Excise Range Office, alleging commission of offence under Section 22(b) of the

Narcotic Drugs and Psychotropic Substances Act, 1985. Petitioner in Bail application No.803/2022 is the 1st accused and the petitioner in Bail

application No.669/2022 is the 2nd accused.

Allegation against the petitioners is that the petitioners were found in possession of a total quantity of 0.820mg of MDMA. While some quantity of

the drugs were seized form the body of the petitioners in these applications, another quantity was seized from the dashboard of their car.

Learned counsel appearing for the petitioners in these cases would submit that the petitioners are absolutely innocent in the matter. It is submitted

that the petitioners have no criminal antecedents. It is submitted that the petitioners have been falsely implicated in the case. It is submitted that the

petitioners have been in custody from 18.12.2021 and their continued detention is not necessary for the purpose of any investigation.

Learned Public Prosecutor opposes the grant of bail. It is submitted that if the petitioners are released on bail, there is every chance of the offences

being repeated. It is submitted that in cases involving offences under the NDPS Act, bail should not be lightly granted.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody from 18.12.2021 and

considering the quantity of the contraband recovered from them, I am of the opinion that the petitioners can be granted bail subject to conditions as

their continued detention is not necessary for the purpose of any investigation. Accordingly, this application for bail is allowed and it is directed that the

petitioners shall be released on bail subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No. 25/2021 of Kozhikode Excise Range Office on every Saturday at 11 am until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.25/2021 of Kozhikode Excise Range Office

;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.25/2021 of Kozhikode Excise Range Office may file an application

before the jurisdictional court, for cancellation of bail.