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Judgment
The applicant is the sole accused in Crime No.28 of 2021 of Kondotty Police Station, Malappuram, for having allegedly committed offences
punishable under Sections 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the “NDPS Actâ€). The prosecution
case, in brief, is this:
On 07.01.2021, the applicant was apprehended by the Kondotty Police, for having been in possession of 4.100 Kgs of ganja, arrested and remanded
to judicial custody. He continues in custody. The applicant states that he has no criminal antecedents. He is willing to abide by any conditions. The
investigation is over. And, therefore, further detention may not be necessary. Hence, he seeks regular bail.
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 and it is also submitted that the investigation is completed and the final report has already been filed. Under the
circumstances, further detention of the applicant may not be necessary and the rigour under Section 37 of the NDPS Act is also not attracted in this
case, being an intermediary quantity.
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 as and when called for.
(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.