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Judgment
The applicant is the 1st accused in Crime No.51 of 2020 of Excise Enforcement & Anti Narcotic Special Squad, Thrissur, for having allegedly
committed offences punishable under Sections 21(b), 2(b), 20(b), (ii)A, 29 & 60(3) of the Narcotic Drugs and Psychotropic Substances Act (for short
the “NDPS Actâ€), 1985. The prosecution case, in brief, is this:
On 08.12.2020 at about 10.00 AM, the Excise officials got discreet information from the Excise intelligence that two youngsters will receive a
parcel containing cocaine from the DTDC courier branch at Koorckenchery and that they will be transporting the same on a scooter. Accordingly,
they waited for them and saw the accused persons coming on a scooter bearing Reg.No.KL-08-BS-5664 and they were intercepted and on
inspection, it was found that they had concealed 4.67 grams of cocaine inside a book. They were arrested. Subsequent statements of A1, the applicant
was recorded and he admitted having narcotic drugs and ganja in his house and inspection resulted in recovery of 2.56 grams of MDMA and 550
grams of ganja. Crime was registered and the applicant was arrested and remanded to judicial custody. He has completed 90 days of remand. The
investigation is not yet completed. The quantity involved is intermediary. The applicant, therefore, prays that he may be released on bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor points out that the
applicant is a notorious criminal. He has been convicted in an NDPS case, for small quantity. He has 10 other crime registered against him.
Considering his antecedents, he may not be released on bail. Considering the fact that the applicant has been carrying only intermediary quantities of
narcotic drugs cocaine and MDMA and had only small quantity of ganja with him. Further incarceration of the applicant may not be necessary and he
has already completed 90 days in remand and the final report is not yet filed. And, therefore, I find that further incarceration of the applicant may not
be necessary. But, considering his antecedents, stringent conditions can be imposed.
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 on all Saturdays between 9.00 AM and 12.00 PM for a period of two months.
(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.