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Sunil Kumar vs State Of Kerala

High Court Of Kerala · Decided on 15 March 2021 · Citation: (2021) 03 KL CK 0148

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B), 37
RESULT
Allowed
CASE NUMBER
Bail Application No. 2276 Of 2021
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Judgment

9 paragraphs · 344 words
1.

The applicant is the sole accused in Crime No.92 of 2021 of Koipuram Police Station, Pathanamthitta, for having allegedly committed offences punishable under Sections 20(b)(ii) (B) of the NDPS Act. The prosecution case, in brief, is this:

2.

On 27.01.2021, the applicant was found to be in possession of 16 grams of ganja, while he was travelling in his car along with his wife and son. He was intercepted, apprehended and his confession recorded. He admitted being in possession of 3.148 Kgs of ganja which was recovered from the house of one Scaria, where the applicant was residing with his family. Thus, the applicant was arrested on the same day and remanded to judicial custody. His application for bail was rejected by the jurisdictional court. He has therefore, approached this Court for indulgence. The applicant states that he has no criminal antecedents. He is willing to co-operate with the investigation. And, therefore, seeks bail.

3.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents. The quantity involved is not commercial. And, therefore, the embargo under Section 37 of the NDPS Act is not attracted.

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 9.00 AM and 12.00 PM for a period of two 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.