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Sreekumar vs State Of Kerala And Anr

High Court Of Kerala · Decided on 23 November 2020 · Citation: (2020) 11 KL CK 0083

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 22(b), 37
RESULT
Allowed
CASE NUMBER
Bail Application No. 7166 Of 2020
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Judgment

18 paragraphs · 338 words
1.

The applicant is the sole accused in Crime No. 1168 of 2020 of Town North Police Station, Palakkad, for having allegedly committed offence

punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short, the “NDPS Actâ€). The prosecution case,

in brief, is this:

2.

On 20-10-2020, at about 12:15 PM, the applicant was found to be in possession of 1.2 grams of MDMA, a narcotic substance, which was seized

from his motorcycle bearing registration No.KL-09-AK-2065, which was intercepted by the Police Officials. The applicant states that he is innocent

and the allegations are not true. He was arrested on the very same day and has been in judicial custody since then. He does not have any criminal

antecedents. And, therefore, he may be granted bail.

3.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The applicant has no criminal antecedents is admitted by

the learned Public Prosecutor . The applicant is aged 25 years old, and the quantity that is involved is only intermediary. Hence, the embargo under

Section 37 of the NDPS Act, is not available to the prosecution, to resists the application for bail.

4.

In the result, the application is allowed and the applicant is directed to be released on bail on the 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 following further conditions:

(i) He shall appear before the Investigating Officer on all Saturdays between 9.00Am and 12.00 Pm for a period of three months, or till filing of the

final report whichever is earlier.

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

(iii) He 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.