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Judgment
13 paragraphs · 370 wordsShircy V., J
Application for regular bail.
The petitioners are the accused in Crime No. 22 of 2021 of Excise Range Office, Thrissur registered for the offences punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act').
The prosecution allegation is that on 03.07.2021 at 1 p.m. the Excise Inspector attached to Excise Range Office, Thrissur found the petitioners/accused transporting 3.84 grms of MDMA in an autorickshaw bearing Registration No. KL-08-BT-3081 in contravention of the provisions of the NDPS Act and thereby they committed the aforesaid offences.
According to the learned counsel for the petitioners, they are totally innocent, but they have been falsely implicated in the case by the excise officials.
The learned Public Prosecutor has submitted that though the arrest was on 03.07.2021, the investigation could not be concluded till date.
The quantity involved is greater than the small quantity and less than commercial quantity. The petitioners have no criminal antecedents as reported by the learned Public Prosecutor. As they have been in custody since 03.07.2021 and charge sheet has not been submitted until now, considering the period of detention undergone by them in judicial custody as well the other facts and circumstances involved in this case, I am inclined to release them on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.