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Judgment
22 paragraphs · 413 wordsApplication for regular bail under Section 439 Cr.P.C.
The applicants are accused 1 to 3 in Crime No.1710/2020 of Sooranadu Police Station, Kollam, for having allegedly committed offence punishable
under Section 20(b)(II)(B) of the Narcotic Drugs and Psychotropic Substances Act.
The prosecution case, in brief, is that on 25.10.2020 at about 2.40 p.m, while the applicants were travelling on a motorcycle bearing Reg.No.KL 02
BG 272, the police party intercepted them near Kochutheruvu Junction at Poruvazhy. Though they attempted to flee, they were apprehended. On
inspection, resulted in the seizure of 2.080 kgs of ganja from all the three of them together. The crime was registered. They were arrested and
remanded to judicial custody.
The applicants state that they are innocent and the allegations are not true. Individually accused 2 and 3 were in possession of only small quantities.
It is also stated that they do not have any criminal antecedents and they may be granted bail.
Heard the learned counsel for the applicants and the learned Public Prosecutor.
The learned counsel appearing for the applicants submits that there is non-compliance of mandatory statutory provisions under Sections 42 and 50
of the NDPS Act and therefore, the applicants cannot be detained any longer.
I am not going into the intricacies of the compliance of Sections 42 and 50 of the NDPS Act, since I find that those are not matters to be considered
by this Court during consideration of a bail application. The quantity that was involved is only intermediary and therefore further detention of the
applicants is not necessary particularly the fact that they do not have any criminal antecedents.
In the result, the bail application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.1,00,000 (Rupees
One lakh only) each with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
They shall appear before the investigating officer on all Mondays between 9 a.m or 12 noon for a period of two months or till filing of the final
report whichever is earlier.
They shall not attempt to influence or intimidate the witnesses.
They shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.