Release on bail justified based on the quantity of contraband, judicial custody, and recovery made.

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.146/2024 of the Kolathur Police Station, Malappuram, registered against the accused (three in number) for allegedly committing the offences under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘NDPS Act’). The petitioner was arrested on 01.02.2024.

2. The crux of the prosecution case is that; on 01.02.2024, at around 14.45 hours, the first accused was found in possession of 2.98 grams, the second accused was found in possession of 0.23 gram and the third accused was found in possession of 0.05 gram of MDMA, i.e., a total of 3.26 grams of MDMA. Thus, the accused have committed the above offences.

3. Heard Sri. Sidharth.O, learned counsel appearing for the petitioner and Smt. Shynimol. V.O, the learned Public Prosecutor appearing for the respondents.

4. The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The petitioner has been in judicial custody since 01.02.2024. The investigation in the case is practically complete, and recovery has been effected. Even assuming the allegations in the First Information Report are correct, the contraband is of an intermediate quantity. The petitioner has no criminal antecedents. The petitioner is willing to abide by any stringent condition that may be imposed by this Court. Hence, the application may be allowed.

5. The learned Public Prosecutor opposed the application. Nonetheless, she conceded to the fact that the contraband that was allegedly seized from the petitioner is of an intermediate quantity. The petitioner has no criminal antecedents. The investigation in the case is in progress.

6. On an anxious consideration of the facts, the materials placed on record, the rival submissions made across the Bar, especially taking note of the fact that the contraband article that was allegedly seized from the petitioner is of an intermediate quantity, that the petitioner has been in judicial custody since 01.02.2024, and that the recovery has been effected, I am of the view that the petitioner’s further detention is unnecessary. Hence, I hold that the petitioner is entitled to be released on bail.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is filed, whichever is earlier.

He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to i