AI Structured Summary
Not yet generated for this judgment
Judgment
M.B.Snehalatha, J
Application filed by the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in Crime No968/2024 of Feroke Police Station, Kozhikode, registered for the offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotriopic Substances Act, 1985.
The prosecution case is that, on 10.11.2024 at about 6.00 p.m, beneath the flyover, Ramanattukara, the petitioner/accused was found in possession of 2.024 Kilograms of ganja and thereby committed the aforesaid offence punishable under Sections 20(b)(ii)B of the NDPS Act.
Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
The learned counsel for the petitioner contended that the petitioner is innocent and has not committed any offence as alleged and he was falsely implicated in the case. It was further submitted that he is in judicial custody from 10.11.2024 onwards and he is ready to abide by any conditions imposed by this Court, if released on bail.
The learned Public Prosecutor opposed the bail application and submitted that he is also involved in a similar offence.
As per the prosecution case, the accused was found in possession of 2.024 Kgs of Ganja, which is an intermidatory quantity. The earlier bail application filed by the petitioner as B.A.No.9855/2024 was dismissed by this Court on 05.11.2024 as it was withdrawn with liberty to move fresh application after three weeks.
Accused is in custody from 10.11.2024 onwards. Major part of the investigation is over.
Regard being had to the period of detention undergone by him and the progress made in the investigation, this Court is of the view that bail can be granted to the petitioner subject to conditions. Accordingly, bail is granted to the petitioner on the following terms:-
(1) The applicant shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties, each for the like-sum to the satisfaction of the Jurisdictional Court.
(2) Accused shall appear before the Investigating Officer on every Wednesday in between 9.00 a.m., and 11.00 a.m. for a period of three months or till final report is filed whichever is earlier.
(3) Accused shall not influence or intimidate the prosecution witnesses.
(4) Accused shall not involve in any offence of similar nature while on bail.
(5) If any of the above conditions are violated by the accused, the Jurisdictional Court can cancel the bail in accordance with law even though the bail is granted by this Court.