Court can grant bail under the NDPS Act considering the duration of custody and personal circumstances, even for serious charges.

O R D E R

This is an application for regular bail.

2. The petitioners are accused Nos. 1 to 3 in NDPS Crime No. 59/2022 of Neyyattinkara Excise Range Office alleging commission of offences punishable under Sections 20 (b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

3. The allegation of the prosecution is that on

31.10.2022, at Amaravila check post in Kanyakumari – Thiruvananthapuram National Highway while the excise officials were conducting vehicle checking, 9.44 Kgs of Ganja was recovered from the possession of the accused persons, who were travelling in the Tippu Sultan Travels bearing Registration No. KL-01-CK-4910 in contravention of the provisions of the NDPS Act, 1985 and thus the accused committed the above said offences.

4. The learned counsel for the petitioners submitted that the petitioners 1 to 3 were arrested along with contraband. It is also submitted that the petitioners are in custody from 31.10.2022 onwards.

5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

6. The learned Public Prosecutor seriously opposed the application for bail, mainly contending that the large quantity of contraband was seized from the possession of the petitioners and further that first and second petitioners are involved in another case and third petitioner is involved in two other cases.

7. Having regard to the facts and circumstances of the case, considering the nature of the allegations, and considering the fact that the petitioners are in custody from 31.10.2022 onwards, I am inclined to grant bail, but taking note of the seriousness of the allegation, the same shall only be on stringent conditions.

In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute a bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The petitioners shall appear before the investigating officer in NDPS Crime No. 59/2022 of Neyyattinkara Excise Range Office on every Saturday at 11 a.m., until filing of the charge sheet;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in NDPS Crime No. 59/2022 of Neyyattinkara Excise Range Office;

(iv) The petitioners shall co-operate with the investigation and make themselves available for interrogation whenever so required ;

(v) The petitioners shall not involve in any other crime while on bail.

(vi) The petitioners shall not leave the state of Kerala without obtaining prior permission from the jurisdictional court.

If any of the aforesaid conditions are violated, the investigating officer in NDPS Crime No. 59/2022 of Neyyattinkara Excise Range Office may file an application before the jurisdictional court, for cancellation of bail.