~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.405/2014 of Pulppally Police Station registered for the offence punishable under Section 20 (b) ii (B) of the NDPS Act, 1985.
3. The allegation against the petitioner is that he had supplied ganja to the 1st accused and that 2.408 Kgs of ganja was seized from the possession of A1 by the police on 20.07.2014.
4. Based on the statement furnished by A1, the petitioner has been arraigned as the 2nd accused. He was arrested on 12.09.2014 and thereafter he has been in custody.
5. Heard learned counsel for the petitioner and the learned Public Prosecutor.
6. The learned Public Prosecutor has opposed the petition on the ground that the petitioner is a wholesale dealer in ganja and he used to supply ganja to many persons including A1.
7. Admittedly, any contraband was not seized from the possession of A2. The only piece of evidence so far the police have collected against the petitioner is the confession of the co-accused and nothing more. It seems that the petitioner has been in custody from 2.09.2014 onwards. No criminal antecedents have been reported against the petitioner. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, and the absence of criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.
8. 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 Court below, 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 Mondays and Thursdays, commencing from 27.10.2014 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/20/10