~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.14/2014 of Chengannur Excise Range registered for the offence punishable under Section 20(b)(ii)B of the NDPS Act, 1985.
3. The allegation against the petitioner is that on 10.09.2014 at 6.30 p.m. he was found transporting 3.14 Kgs of ganja by car bearing registration No.KL-29B-2873. The petitioner has been in custody for the period from 10.09.2014.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. According to the learned counsel for the petitioner, the petitioner was merely travelling by the car and the car does not belong to him. Those matters do not weigh with this Court for considering the present application seeking bail. At the same time, it seems that the limitations contained under Section 37(1)(b)(ii) of the NDPS Act are not applicable as far as this case is concerned, when the offence relates to intermediate quantity. Having regard to the period undergone by the petitioner in custody, the present stage of investigation of this case and the absence of criminal antecedents on the part of the petitioner, I am satisfied that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 31.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/28/10 // True Copy // PA to Judge