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Judgment
11 paragraphs · 351 wordsThis is an application seeking regular bail.
The applicant is the second accused in Crime No.40/2020 of Excise Enforcement & Anti Narcotic Special Squad, Thrissur for having allegedly committed offences punishable under Sections 22(c), 29 and 60(3) of the Narcotics and Psychotropic Substances Act, 1985.
The prosecution case, in brief, is that the applicant and his friend, who is the first accused, were travelling in a Hyundai Verna car bearing registered number KL-17 J 4962 on 13.10.2020 along the Palakkad-Thrissur National Highway and they were intercepted by the Excise Enforcement at Erumbupalam and on inspection, 22.1105 grams of MDMA was recovered from their possession. They were arrested and remanded to judicial custody and they continue in remand.
The applicant states that he is innocent and the allegations are not true and that he has no criminal antecedents and prays that he may be released on bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor admits that the chemical analysis report reveals that the applicant was not in possession of MDMA, but was in possession of methamphetamine which would require 50 grams to make a commercial quantity. Under the circumstances, I find that the rigour under Section 37 of the NDPS Act is not attracted. More over, the applicant has been in custody for above 160 days.
In view of the above, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:
(i) He shall appear before the investigating officer as and when required.
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court seeking cancellation of the bail.