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Judgment
Shircy V., J
The petitioner, who is undergoing incarceration since 28.09.2021 in connection with Crime No. 577 of 2021 of Vallikunnam Police Station, registered for the offences punishable under Sections 22(b) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, has moved this application for his release on bail.
The prosecution allegation is that on 28.09.2021, on receipt of some discreet information, police conducted raid at the residence of the petitioner and 5.19 gms. of MDMA was seized from his room which was concealed under his bed and thereby this case has been registered against him.
The learned counsel for the petitioner submits that though he is having criminal antecedents, all those cases were registered against him due to political vengeance as he is an active member of a political party. But he is totally innocent and undergoing incarceration since 28.09.2021.
The learned Public Prosecutor has also submitted that though the petitioner is having criminal antecedents, he is not involved in similar offences. Now the investigation of the case is over and charge sheet has been submitted before the court below on 02.11.2021.
Heard the rival contentions.
The petitioner is an youngster aged only 27 years. Now the investigation of the case is over and therefore, the learned Sessions Judge could proceed with the trial of the case without any delay. Since the quantity involved in this case is only intermediate quantity, the rigour under Section 37 of the NDPS Act is not attracted. Therefore, considering the period of detention undergone by him, I think that he can be released on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond 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 shall be a close relative of the petitioner.
(ii) The petitioner shall co-operate with the trial of the case.
(iii) The petitioner 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.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.