1. This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioner is the sole accused in Crime No.05/2023 of Ferok Excise Range Office, Kozhikode.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the case diary, placed by the learned Public Prosecutor.
3. The prosecution case is that at about 4.20 pm on 25.02.2023 the accused herein possessed 2 gram of MDMA against the restrictions contained in the Narcotic Drugs and Psychotropic Substances Act (for short, the NDPS Act”) he was nabbed red handedly and crime alleging commission of offence punishable under Sections 22(b) of the NDPS Act was registered and the same is on investigation.
4. While pursuing the relief of regular bail to the petitioner, the learned counsel for the petitioner submitted that the petitioner is a first time offender and the allegations are false. According to the learned counsel for the petitioner, the petitioner has no criminal antecedents and he has been in custody from 25.02.2023. It is submitted further that, since the investigation has achieved much progress, the petitioner deserves bail and the petitioner is ready to be abide by any conditions to facilitate the investigation.
5. The learned Public Prosecutor opposed grant of bail, highlighting the seriousness of the offences and alarming number of increase of crimes, punishable under the NDPS Act. It is submitted further that, the investigation is on the mid way. Therefore, immediate release of the petitioner would hamper the investigation. At the same time, he conceded that the petitioner is a first time offender.
6. On perusal of the prosecution records, red handed recovery of 2 gram of MDMA from the possession of the accused is well made out and therefore the prosecution allegations are made out, prima facie. However, the petitioner is a first time offender and he has been in custody from 25.02.2023. Therefore, I am of the view that, further custody of the petitioner, for the purpose of investigation is not necessary and he can be enlarged on bail.
Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:
i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.
ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.
iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Saturdays between 9 am and 10 am, for a period of two months.
iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.
v. The petitioner shall surrender his passport before the Jurisdictional Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport, within the stipulated time.
vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.
