Jobin Sebastian, J
1. This Petition for regular bail has been filed by accused Nos. 1 & 2 in crime No.854/2024 of Cherppulaserry Police Station registered alleging
commission of offences under Section 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The prosecution allegation is that, on 22.11.2024, accused Nos. 1 & 2 were found traveling in a car bearing KL 51P 1083 possessing 24.50 grams
of Methaphitamin for the purpose of sale in violation of provisions of the NDPS Act and thereby committed the offences mentioned above.
3. Heard both sides.
4. From a perusal of the available records, it is gatherable that the accusations against the petitioners is prima facie well founded. The allegation that
the petitioners possessed Methaphitamin for the purpose of sale is a serious one. Showing much leniency in the matter of bail in these sort of cases,
we definitely give wrong signal to the society especially when peddling of ganja and other synthetic drugs are increasing in an alarming pace in our
society especially among youths and school going children. Any how, from the available inputs, it is gatherable that, as far as NDPS cases are
concerned, the petitioners herein are first time offenders. The petitioners were caught red handed with the contraband on 22.11.2024 and since then,
they have been in custody. The quantity of contraband seized is intermediate quantity. The investigation in this case appears to have progressed
substantially and is on the verge of completion. Although the source of contraband is not yet traced out, I am at a loss to understand how the continued
retention of the petitioners will aid in tracing out the source, particularly since no progress has been made in the last 42 days, while the petitioners were
in custody. Hence, considering the days of detention already undergone by the petitioners and the stage of investigation, I am inclined to grant bail to
them on stringent conditions.
(i) The petitioners shall be released on bail on them executing a bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like sum to the
satisfaction of the court having jurisdiction.
(ii) The petitioners shall appear before the investigating officer on every alternate saturdays between 10 am and 11 am, starting from 11.01.2025 for three months or till
final report is filed whichever occurs first.
(iii) The petitioners shall also appear before the investigating officer as and when required and shall cooperate with the investigation.
(iv) The petitioners shall not intimidate or influence the witnesses; or tamper with the evidence.
(v) The petitioners shall not commit any offence while they are on bail.
(vi) It is made clear that, in the event of a violation of any of the above conditions, the investigating officer is at liberty to approach the jurisdictional court for
cancellation of bail. In that event, the jurisdictional court shall consider such application and pass appropriate orders.
