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Shameer vs State Of Kerala

High Court Of Kerala · Decided on 7 April 2021 · Citation: (2021) 04 KL CK 0012

HON’BLE JUDGES
Bechu Kurian Thomas, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B)
RESULT
Allowed
CASE NUMBER
Bail Application No. 2985 Of 2021
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Judgment

13 paragraphs · 340 words
1.

Petitioner is the sole accused in Crime No.4 of 2021 of Chittoor Excise Range, Palakkad registered for the offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

The prosecution case is that on 20.2.2021 at about 7.50 am, the petitioner was found possessing a total quantity of 2.100 Kg of ganja and transporting the same on a motorcycle and thereby committed the offences alleged.

3.

The petitioner was arrested on 20.2.2021 and has been in custody since then. The quantity of ganja involved is intermediary quantity.

4.

The Learned Public Prosecutor strongly opposed the application even though he submits that there are no criminal antecedents reported against the petitioner.

5.

Taking note of the quantity involved in the case and also the fact that there are no other antecedents reported as against the petitioner, I am of the view that the petitioner is entitled to be enlarged on bail subject to the following conditions:

6.

Petitioner is hereby granted bail in Crime No.4 of 2021 of Chittoor Excise Range, Palakkad and he shall be released on bail (if not required to be detained otherwise) on his 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 jurisdictional Magistrate and subject to the following conditions:

(a) One of the sureties shall be a close relative of the petitioner.

(b) Petitioner shall report to the investigating officer once every two weeks on Saturdays between 10.00 am and 12.00 pm until filing of the final report.

(c) Petitioner shall report to the investigating officer as and when required for interrogation

(d) Petitioner shall not get involved in any offence during the period of this bail.

(e) Petitioner shall not intimidate or influence the witnesses.

(f) In case any of the conditions (b) to (e) are violated, it is open to the investigating officer to file application before the learned Magistrate for cancellation of the bail granted hereby.

The bail application is allowed as above.