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Judgment
The petitioner herein is the second accused in Crime No.427/2020 of Kalikavu Police Station for offences punishable under Sections 20(b) (ii)A,
21(b) and Section 29 of NDPS Act.
The allegation of the prosecution is that on 19.11.2020 at 11 hours, both the accused were found on the rear seat of a car, which was parked in an
open place. On search conducted, 3.890 grams of MDMA was recovered from A1 and 75 grams of ganja from the second accused. They were
arrested on 19.11.2020 and are in custody. The petitioner seeks bail.
The learned counsel for the petitioner contended that, the allegation of the prosecution was that both the accused were found in the rear seat of a
car is incorrect. According to the petitioner, he was standing outside. From his possession 75 grams of ganja alone was recovered and he cannot be
burdened with the liability of the possession of MDMA by the first accused. Though I am not much attracted by this argument, which is a matter of
evidence, I am inclined to grant bail to the petitioner. Having regard to the fact that he has no criminal antecedents and since investigation has
considerably progressed asfaras the petitioner is concerned. Having considered this, I am inclined to grant bail to the petitioner on the following
conditions:
(i) Petitioner shall execute a bond for a sum of Rs.60,000/- (Rupees sixty thousand only) with two sureties for the like sum each to the satisfaction of
the jurisdictional Court.
(ii) He shall appear before the investigating officer on all Saturdays between 9 am and 10 am for a period of two months.
(iii) He shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the investigation.
(iv) He shall not get involved in any other crime.
Bail application is allowed as above.