Mohammed Nias C.P., J
1. This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioners are accused Nos.1 and 2 in Crime No.1296 of 2023 of Kottakkal police station, Malappuram, registered for offences under Sections
20(b),(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case is that on 02.11.2023 at 12.30 PM, when the Sub Inspector of Police, Kottakkal Police Station and his party were conducting
a patrolling, the petitioners were found in possession of 3.470 Kilograms of Ganja, while they were transporting the same in a bike bearing registration
KL-50-K-6131 near HR Stores, at Maravattam Vattaparamb Road, Grace Valley College Junction and thereby committed the above said offences.
4. The learned counsel appearing for the petitioners would say that the petitioners are totally innocent of the allegations levelled against them. It is also
submitted that the quantity involved in this case is only 3.470 kg of Ganja, an intermediate quantity. It is urged that the petitioners are in custody from
02.11.2023, and continued custody of the petitioners is unnecessary.
5. The learned Public Prosecutor opposed the application.
6. Considering that the 2nd accused has antecedents under the NDPS Act, I am not inclined to consider his bail plea. There are no antecedents under
the NDPS Act noted against the 1st accused, who was arrested on 02.11.2023 and taking note of the fact that the quantity involved in this case is an
intermediate quantity, this application is allowed, and the 1st petitioner is granted bail subject to the following conditions:-
(i) The 1st petitioner shall be released on bail on executing a bond for Rs.100000/- (Rupees One lakh only) with two solvent sureties each for the like
sum to the satisfaction of the jurisdictional court;
(ii) The 1st petitioner shall furnish his address and his mobile number to the Court as well as to the Investigating Officer.
(iii) The 1st petitioner shall report before the Investigating Officer as and when directed;
(iv) The 1st petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(v) The 1st petitioner shall not be involved in any other crime while on bail or leave the Country without the prior permission of the Court concerned;
(vi) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;
