ORDER

Dated this the 18th day of January 2021 Application for regular bail under Section 439 Cr.P.C.

The applicant is the first accused in Crime No.62/2020 of Alappuzha Excise Enforcement and Anti Narcotic Special Squad, for having allegedly committed offence punishable under Section 20(b) (ii)(B) of the Narcotic Drugs and Psychotropic Substances Act.

2. The prosecution case, in brief, is that on

15.12.2020 while the excise party were on patrol duty, they intercepted a scooter bearing Reg.No.KL 43 J 4269 which was driven by the 2nd accused and the applicant was pillion riding. When the scooter was stopped, the applicant got down from the pillion, but the rider of the scooter went ahead abandoning the scooter and fled away. On inspection, two sacks were recovered from the scooter and it contained 9.55 and 9.45 kgs of ganja respectively. The applicant was arrested and remanded to judicial custody. He continues to remain in custody.

3. It is submitted that the applicant is innocent and he was only hitchhiking and was travelling on the scooter which was ridden by the 2nd accused. He had nothing to do with the contraband articles. He has also not any criminal antecedents and therefore he may be granted bail.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. The applicant was caught red handed and therefore his complicity cannot be now questioned without any proof. However, it is admitted that the applicant has no other criminal antecedents and the quantity involved is intermediary. The embargo under Section 37 of the NDPS Act is therefore not attracted. The applicant has been in custody since 15.12.2020 and further incarceration of the applicant may not be necessary.

6. In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.1,00,000 (Rupees One lakh only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

(1) He shall appear before the investigating officer as and when called for.

(2) He shall not attempt to influence or intimidate the witnesses.

(3) He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.