IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7571 of 2011() ------------------------------------- CRMP.209/2011 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.523 OF 2011 OF KONDOTTY POLICE STATION .................... PETITIONER : --------------------- MOHAMMED ASHRAF, S/O.KUNHIPOKKER, AGED 37 YEARS, MADATHIPARA HOUSE, PULIYANKODE PO, KUZHIMANNA AMSOM, MALAPPURAM DISTRICT. BY ADV. SRI.KRISHNADAS P. NAIR RESPONDENT: ------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T.SANKARAN, J. --------------------------------- B.A.No. 7571 OF 2011 --------------------------------- Dated this the 22nd day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.523 of 2011 of Kondotty Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 21(b) of the Narcotic Drugs and Pshycotropic Substances Act. 3. The allegation is that on 18.7.2011, a quantity of 5.8 grams of Brown sugar was seized from the possession of the petitioner. After completing the investigation, charge sheet was filed on 6.9.2011. 4. The quantity of Narcotic Drug involved is intermediate quantity. Therefore, the rigor of clause (b) of B.A.No. 7571 OF 2011 2 sub section (1) of Section 37 of the Narcotic Drugs and Pshycotropic Substances Act would not apply. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the fact that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Special Judge (NDPS Act Cases), Vadakara, subject to the following conditions: A) The petitioner shall surrender his Passport before the Court of the Special Judge (NDPS Act Cases), Vadakara. If the Passport is already seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by the petitioner to that effect shall be filed before the learned Special Judge; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.No. 7571 OF 2011 3 C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE. cms