Shefeek vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioners are accused Nos. 1 and 2 in NDPS C.R. No.56/2022 of Excise Range Office, Palakkad alleging commission of offences punishable under Sections 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The prosecution allegation is that, on 01.09.2022 at 12.45 PM, near the cash counter at Platform No. 3 of Palakkad Junction Railway Station, accused Nos. 1 and 2 were found in possession of 6.100 kilograms of ganja and thus the accused have committed the above said offences.

The learned counsel for the petitioners submitted that the petitioners were arrested on 01.09.2022 and that they are in custody since then. It is also submitted that the petitioners have no other criminal antecedents.

The learned Public Prosecutor upon instructions submitted that large quantity of the contraband was seized from the possession of the petitioners, but submitted that the petitioners are not involved in any other crime.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are in custody from 01.09.2022 onwards and that the they have no other criminal antecedents, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute a bond for a sum 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) The petitioners shall appear before the investigating officer in NDPS C.R. No.56/2022 of Excise Range Office, Palakkad on every Saturday at 11 am, until filing of final report;

(iii) The  petitioners  shall  not  attempt  to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in NDPS C.R. No.56/2022 of Excise Range Office, Palakkad;

(iv) The petitioners shall not leave the State without obtaining prior permission from the trial Court;

(v) The petitioners shall surrender their passport before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in NDPS C.R. No.56/2022 of Excise Range Office, Palakkad may file an application before the jurisdictional court, for cancellation of bail.