Shibin A.K And Ors vs State Of Kerala

The applicants are accused Nos. 1 to 5 in Crime No.6 of 2021 of Mananthavady Excise Range, Wayanad, for having allegedly committed offences punishable under Sections 22(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "NDPS Act"). The prosecution case, in brief, is this:

On 18.02.2021, the applicants were taken into custody by the Excise Officials and they were found to be in possession of 7 grams of MDMA and they had entered into a criminal conspiracy by using a Tata Innova car bearing reg.No.KL-60-K-4142 to transport the aforesaid contraband, narcotic drug. The applicants state that they are innocent and the allegations are not true and that they have been falsely implicated.

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicants do not have any criminal antecedents. They have been in custody since 18.02.2021. The quantity of contraband involved is not commercial. And, therefore, the rigour under Section 37 of the NDPS Act is not attracted. The applicants are therefore entitled to be released on bail.

In the result, the application is allowed and the applicants are directed to be released on bail on the execution of bonds for Rs.1,00,000/-(Rupees One lakh only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) They shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months or till filing of the final report whichever is earlier.

(ii) They shall not intimidate or influence witnesses and tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.