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Judgment
Shircy V., J
The petitioners, who are undergoing incarceration since 09.09.2021, have moved this application for their release on bail. They have been charged for committing offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act').
The prosecution allegation is that on 09.09.2021 at about 3.55 p.m. the petitioners were found in possession and engaged with transportation of 6.026 kgs. of ganja in a car bearing No. KL 54 2254 through Kottakkal-Malappuram road for the purpose of illegal sale and thereby committed the aforesaid offences.
The learned counsel for the petitioners has a case that they have been falsely implicated in the case.
The learned Public Prosecutor has stated that the investigation of the case is over and charge sheet has been filed. It is also reported that the petitioners have no criminal antecedents.
Heard both sides.
The quantity of the contraband involved is 6.026 kgs.of ganja, that is much less than the commercial quantity. Hence, the statutory embargo under Section 37 of the NDPS Act is not attracted in this case. Moreover, now the investigation of the case is over and charge sheet has been submitted before the court concerned on 30.10.2021 and pending as S.C. No. 1282 of 2021. The petitioners have also no criminal antecedents. Considering the above facts, I am inclined to release them on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioners shall be released on bail on each of them 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.
(ii) The petitioners shall co-operate with the trial of the case.
(iii) The petitioners 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 petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.