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Judgment
Shircy V, J
The petitioners are the accused No.1 to 3 respectively in the above referred bail applications. They were apprehended in connection with Crime No.921 of 2021 of the Central Police Station, Ernakulam District registered for the offences punishable under Sec.22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act').
The materials placed on record by the investigating agency would reveal that on 5.7.2021 at about 7.10 p.m the petitioners were found to be in joint possession of 0.06 mg LSD stamp a narcotic drug near the South Railway Station, Ernakulam. The drugs were kept by them for sale and thus the above crime was registered against them. The petitioners are in custody since 5.7.2021.
The learned counsel for the petitioners would submit that they have been falsely implicated in the case and they are undergoing unnecessary incarceration. It is further pointed out that the alleged contraband is intermediate quantity and so the rigor under Section.37 of the NDPS Act are not applicable and now the investigation is practically over and hence, they are entitled to be released on bail .
The learned Public Prosecutor has contended that the investigation of the case is only in progress and release of the petitioners on bail at this stage will definitely affect the case adversely.
Heard the learned counsel for the petitioners as well the learned Public Prosecutor.
It is incontrovertible that the offences alleged against the petitioners are extremely grave in nature. It is also a fact that the illegal drug mafia has a firm grip in our society and nowadays usage of the drugs has become very common among the public especially among the youngsters as it secretly available though usage of the same make them addict and mentally unstable which may lead to dangerous and unpredictable situations. Usage of drugs has turned as a contributing factor to a great extent for the alarming rise of crimes in our society . When commercial quantity of drugs are involved the reverse burden is there and the accused has to show something more than reasonable ground that he is not guilty and is innocent in the case registered against him. But here the quantity involved is not commercial quantity. It is only intermediate quantity and now the investigation of the case has reached at a stage of submitting the final report. Moreover the petitioners are youngsters having no criminal antecedents.
Taking into consideration of the entire facts involved in this case, I think that these petitioners can be released on bail subject to the following conditions :
(i) The petitioners shall be released on bail on each of them executing bond each for a sum of Rs.1,00,000 /- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One surety of each petitioners shall be a close relative.
(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Sessions Judge is empowered to cancel the bail in accordance with the law.