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Judgment
This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
The petitioner is the 4th accused in Crime No.58/2020 of the Excise Enforcement and Anti Narcotic Special Squad, (Excise Range) Kollam. The offences alleged are under Sections22(b), 27-A and 29 of the NDPS Act.
The prosecution case as revealed from the FIR is that on 23.09.2020 at 06.45 p.m., the first accused was found in possession of 10.56 kilograms of MDMA and 50 grams of ganja and on investigation it was found that the said contra band articles were given to him by the present petitioner.
Heard both sides and perused the case diary.
The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. She contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.
The petitioner is in custody since 19.02.2021. Even though in the FIR, the contraband articles has been shown as 10.56 kilograms of MDMA and 50 grams of ganja, the learned Prosecutor on instructions submits that, what is involved is 10.56 grams of Metamfetamine and 50 grams of ganja. On earlier occasion, the Sessions Court, Kollam and also this Court, dismissed the bail application holding that contraband article involved is of commercial quantity. But, the Metamfetamine is intermediary quantity up to 50 grams. Hence, the quantity involved is only intermediary quantity. The investigation of the case is almost over. The petitioner has no criminal antecedents. For all these reasons, the petitioner is entitled to be released on bail on conditions.
In the result, the application is allowed on the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioner shall fully co-operate with the investigation.
(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.
(iv) The petitioner shall not commit any offence of like nature while on bail.
(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.