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Judgment
The applicant is the sole accused in Crime No.674 of 2020 of Vidya Nagar Police Station, Kasargod, for having allegedly committed offences punishable under Sections 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the “NDPS Act”). The prosecution case, in brief, is this:
On 25.09.2020 at about 11.00 PM, the accused was found to be in possession of 4 grams of MDMA, a narcotic drug, for the purpose of sale near the Government Higher Secondary School, Cherkala in Chengala Village. He was arrested on the same day and remanded to judicial custody and continues to be in judicial custody. The applicant states that he has no criminal antecedents. The quantity involved is only intermediary and that he is innocent and therefore, he may be granted bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor has admitted that the applicant has no criminal antecedents. He has been in custody for about two months. The final report has already been filed and the embargo under Section 37 of the NDPS Act is not attracted, since the quantity involved is intermediary.
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 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.