Shircy V, J
1. Application for regular bail.
2. The petitioner who is the sole accused in Crime No.18 of 2021 of Excise Range, Chalakudy registered for the offences punishable under Sections
20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, has moved this application for his release on bail.
3. The prosecution case is as follows :-
On 29.07.2021 the Excise officials of Chalakudy Range found this petitioner in unauthorized possession of 2 kilogram of ganja at Vettukadau Desom
in Chalakudy Taluk in contravention of the provisions of the NDPS Act and he was apprehended then and there, after complying with the formalities.
4. The petitioner has been in custody since 29.07.2021.
5. Heard  the  learned  counsel  for  the petitioner as well the learned Public Prosecutor.
6. The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. In fact, his father is no more
and he is looking after his family by doing petty jobs. He has no business of ganja and he never dealt with any narcotic drugs as alleged by the
prosecution. But he is undergoing unnecessary incarceration right from the date of his arrest.
7. Though the contention raised on behalf of the petitioner has been denied by the learned Public Prosecutor, it is admitted that he is having no criminal
antecedents.
8. The petitioner is aged only 25 years. The quantity of the contraband involved is only 2 kilogram, which is intermediate quantity. The petitioner is
having no criminal antecedents. It is revealed from the records that the investigation of the case is nearing completion.
Having considered the facts and circumstances involved in this case, the period of detention undergone by him in judicial custody, the present stage of
investigation as well the fact that he is having no criminal antecedents, I am inclined to release him on bail subject to the following conditions :-
(i) The petitioner shall be released on bail on 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) He shall appear before the investigating officer on first Monday of every month between 10.30 am and 11.30 am for a period of two months or till filing of the final
report, whichever is earlier.
(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 or to any police officer or tamper with the evidence.
(iv) The petitioner 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.
