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Judgment
21 paragraphs · 333 wordsK. Haripal, J
Petitioner is the first accused in crime No.69/2020 of Excise Enforcement and Anti-Narcotic Special Squad, Palakkad. The crime was registered
alleging offence under Sections 20(b)(ii)C and 29 of the Narcotic Drugs and Psychotropic Substances Act.
The allegation is that on 10.12.2020 at 9.30 a.m., the accused persons were found transporting 122 kgs of ganja in a pick-up van bearing registration
No.KL-58-AB-9623 at the road near by the weighing bridge at Walayar. They were arrested from the spot along with the contraband and since then
the petitioner is in judicial custody.
The learned counsel for the petitioner submits that investigation is over and that for the last 211 days he is in custody, but charge sheet is not yet
laid.
The learned Public Prosecutor submits that eventhough extension of period of investigation beyond 180 days was permitted by the Special Squad,
which expired on 08.07.2021, the final report could not yet been filed.
That means, the petitioner is entitled to be released under Section 36A(4) of the NDPS Act.
Therefore, the petitioner shall be released on bail on the following conditions:-
i) Petitioner shall execute bond for Rs.2,00,000/-(Rupees two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
ii) He shall not try to contact or influence the witnesses or tamper with evidence;
iii) He shall not leave Palakkad Revenue District without leave of the jurisdictional court;
iv) He shall not involve in any crime during the period on bail;
v) He shall appear before the Investigating Officer/trial court as and when required;
vi) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19
pandemic;
 vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.
This bail application is allowed as above.