The classification of drug quantities under the NDPS Act directly impacts the eligibility for bail, with smaller quantities allowing greater leeway for release.

ORDER

Application for regular bail.

2. The petitioner who is the 4th accused in Crime No.

20/2020 of Excise Range Kuthiathodu, Alappuzha District has filed this petition seeking his release on bail. The case was registered against him on the allegation that he has committed the offences punishable under Sections 22 (a), 22(c), 20(b)(ii)(A), 29 & 25 of Narcotic Drugs and Psychotropic Substances Act 1985 (for short NDPS Act).

3. The petitioner has been in custody since 20.10.20210.

4. The prosecution allegation is that they were found together at a place near a waiting shed at Keltron Ferry in Aroor in possession of narcotic drugs and thereby they were apprehended. This petitioner has already moved an application before this Court. But the same was dismissed by an order dated 17.05.2021 on the finding that the quantity of the drugs which was seized from his possession was commercial quantity and thus his application was dismissed.

5. But now, after perusing the entire records and on hearing both sides the learned Additional Sessions Judge-II, has framed charge against this petitioner as well as the other accused on 10.11.2020. As per the charge framed by the learned Additional Sessions Judge, the charge is to the effect that, he was found in possession of 260 mg of MDMA and 2 gms of Ganja in contravention of the provisions of NDPS Act and thereby committed an offence punishable under Section 22 (a) of NDPS Act . So he was ordered to be tried on the said charge. So, from the copy of the court charge produced before me by the learned Public Prosecutor, it appears that the quantity of the contraband found in his possession was small quantity and he is ordered to be tried on the said charge. As he has been in custody since 20.10.2020, though the case is scheduled for trial, I think that his request to release him on bail can be considered favourably subject to the following conditions:-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties (one of the sureties shall be a close relative of the petitioner) for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the trial court regularly and co-operate with the trial of the case.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise 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. (iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Sessions Judge is empowered to cancel the bail in accordance with the law.

SHIRCY V.

JUDGE Al/-