Shabeer.M vs State Of Kerala

Ziyad Rahman A.A., J

This is an application for regular bail.

The petitioner is the accused in Crime No.29/2023 of Tirur Excise Range Office, Malappuram. The offences alleged against the petitioner are under Sections 22 (b) and 8(c ) r/ w 20(B) (ii) (A) of NDPS Act.

The prosecution case is that, 03.07.2023 at 12.05 pm, the petitioner was apprehended by the Excise party from a house in ward No.1/380 of Thrippangodu Grama Panchayath, along with 7.355 gms of Methamphetamine and 5.053 grams of Hashish oil and thereby committed the aforesaid offences.

The crime was registered in such circumstances and the petitioner was arrested on 03.07.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri.P.Mohammed Sabah, the learned counsel appearing for the petitioner and Sri.Hrithwik, C.S, he learned Senior Public Prosecutor appearing for the State.

I have gone through the records. It is true that the petitioner was found in possession of the contraband articles. However, the quantity involved is intermediate quantity to which rigour under Section 37 of the NDPS Act would not be applicable. Even though, it is reported that the petitioner is involved in another case, it is seen from the records that, the same was not under the provisions of the NDPS Act. In such circumstances, taking note of the period of detention the petitioner has already undergone and also the fact that the quantity of the contraband article recovered from the petitioner is not high. I deem it appropriate to grant bail to the petitioner.

Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions:-

1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2) The petitioner shall fully cooperate with the investigation.

3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

4) The petitioner shall appear before the Investigating Officer as and when required.

5) The petitioner shall not commit any offence of similar nature while on bail.

6) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

7) The petitioner shall not leave India without the permission of the jurisdictional court.

8) The petitioner shall surrender his passport before the Jurisdictional court and, in case he does not have a passport, an affidavit to that effect shall be filed.

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