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Judgment
12 paragraphs · 415 wordsShircy V, J
This application for regular bail has been filed by the 3rd accused in Crime No. 717 of 2021 of Kondotty Police Station registered for the offences punishable under Sections 20(b)(ii)(B) and 29(i) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act').
The prosecution allegation is that on 20.09.2021 at about 23 Hrs. while the Sub Inspector of Police, Kondotty was on law and order duty, on suspicion intercepted a car bearing Registration No. KL-57-Q-4142 driven by the 1st accused. On search, the police team had seized in total 16.150 kgs. of ganja kept concealed in the possession of the accused and thus the accused had been booked for having committed the aforesaid offences.
The learned Public Prosecutor has submitted that the car in which the contraband was seized belongs to the wife of the 1st accused and he was found in possession of the contraband along with the other accused. The investigation is in full swing. It is also to be noted that, on instruction the learned Public Prosecutor submitted that the petitioner has no criminal antecedents.
Heard both sides.
The contraband involved in this case is not commercial quantity, but it is less than the same. Therefore, the embargo under Section 37 of the NDPS Act is not attracted in the case of granting bail. Moreover, this petitioner has no criminal antecedents. Accused Nos.1 and 2 had already been released on bail. Taking into consideration the above facts, I am inclined to enlarge him also on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer on alternate Mondays between 10 a.m. and 12 noon till the filing of the final report.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Sessions Judge is empowered to cancel the bail in accordance with the law.