The court has the discretion to grant bail under Section 439 of the Code of Criminal Procedure, 1973, even in cases involving the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, considering the specific circumstances of the case.

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973 .

2. The petitioner is the second accused in Crime No. 654/2022 of Sreekariyam Police Station, Thiruvananthapuram district, for offences punishable under Sections 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

3. The prosecution allegation is that on 31.7.2022, the respondent got information that somebody was attempting to transport Narcotic Drugs. Sreekaryam Police reached the place of occurrence and according to the prosecution, the petitioner was present along with three other accused. It is alleged by the prosecution that 74 grams of MDMA were seized from the possession of the first accused.

4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the State.

5. The learned counsel for the petitioner submits that the petitioner ..3.. is innocent of all the allegations and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 31.7.2022, and the continued custody of the petitioner is unnecessary.

6. The learned Public Prosecutor opposes the prayer sought by the petitioner.

7. Taking note of the fact that all the other accused have been granted bail, considering the report of the trial Court that states that at least six months' time is required for completing the trial, the length of detention of the petitioner, and that no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail under such circumstances notwithstanding the antecedent under the NDPS Act involving intermediate quantity of Ganja.

Accordingly, this application is allowed, and the petitioner is granted bail, subject to the following conditions:-

i. The petitioner shall be released on bail on 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 jurisdictional Court;

ii. The petitioner shall report before the Investigating Officer as ..4.. and when directed;

iii.The petitioner shall furnish his residential address, including his mobile phone number, to the investigating officer and to the Court.

iv.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

v. The petitioner shall not be involved in any other crime while on bail or leave the Country without the prior permission of the Court concerned.

vi.The petitioner shall surrender his passport before the jurisdictional court. If he does not have a passport, he shall execute an affidavit to that effect and file it before the said court within seven days from the date of his release on bail.

vii.If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.