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Judgment
This petition is filed under Section 439 of the Cr.P.C.
On 9.2.2018, the petitioner was intercepted by Excise Officer of Kuttipuram Range while he was travelling in a motor bike and on search, he was found having in his possession 1.110 kgs. of Ganja. He was arrested then and there and the subject Crime was registered under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The contention of the learned counsel is that the petitioner is innocent. The mandatory provisions have been violated causing gross prejudice to the accused is the submission. Finally, it is urged that his period of detention and the stage of investigation be considered and he be enlarged on bail.
Heard the learned Public Prosecutor, who opposed the prayer.
I have considered the submissions advanced and have gone through the case diary. The prosecution does not have a case that the petitioner has prior antecedents or that the investigation is not yet complete. The quantity seized from the possession of the petitioner is just above the upper limit of small quantity.
After having considered the nature and gravity of the allegations, the quantity of the contraband article seized, the antecedents of the petitioner, the period of detention and the stage of investigation, I am of the view that the petitioner can now be enlarged on bail.
In the result, this petition will stand allowed. The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:
(a)The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 9 AM and 11 AM, for 2 months or till final report is filed, whichever is earlier.
(b)The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(c)The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.
(d)The petitioner shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.