Moidu T.M vs State Of Kerala
2021 Latest Caselaw 21484 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                      BAIL APPL. NO. 7529 OF 2021
    CRIME NO.624 OF 2021 OF MENNANGADI POLICE STATION, WAYANAD
 AGAINST THE ORDER/JUDGMENT IN CRMC 510/2021 OF THE SPECIAL JUDGE
 NDPS ACT CASES/ADDITIONAL SESSIONS JUDGE- II, KALPETTA, WAYANAD
PETITIONER/ACCUSED:

            MOIDU T.M,
            AGED 61 YEARS
            S/O. MUHAMMED, THENAMOOCHIKKAL HOUSE,
            ATHINILAM, KRISHNAGIRI P.O, WAYANAD.

            BY ADVS.
            BASIL CHANDY VAVACHAN
            NIRMAL J.KALLELY
            CHARUTHA BHAIJU
            GEORGIE SIMON
            ABEY GEORGE


RESPONDENTS/COMPLAINANT:

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM.

            NOUSHAD.K.A- SR.PP


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7529 OF 2021

                                         2

                                   ORDER

The petitioner, who is undergoing incarceration since

30.08.2021 in connection with Crime No.624/2021 of Meenangadi

Police Station, Wayanad District registered for the offence

punishable under Section 22(b)(ii) of the Narcotic Drugs and

Psychotropic Substances Act (in short 'NDPS' Act), has moved this

application for his release on bail.

2. The allegation levelled against this petitioner by the

prosecution is that, he was found in possession of 2.088 Kg of

Ganja concealed in his chicken stall, for the purpose of sale, by the

respondent, who proceeded to the spot on 30.08.2021, on getting

reliable information and seized the same after completing the

formalities.

3. The learned counsel for the petitioner has raised a plea

of false implication and submitted that he is a person aged 61 years

and his family is depending upon his income from the chicken stall.

In fact, he has not kept any narcotic drugs in his chicken stall as

alleged by the prosecution. But he is undergoing incarceration for

the last two months.

4. The said submission is refuted by the learned Public BAIL APPL. NO. 7529 OF 2021

Prosecutor

5. The quantity of the contraband involved is only 2.088 Kg

of Ganja. The petitioner is aged 61 years. Now the records would

reveal that the investigation of the case is over and charge sheet

has been submitted before the jurisdictional court. Since the case is

one of the year 2021, definitely it will take time for disposal of the

same by the trial court. Since commercial quantity is not involved,

the rigor under Section 37 is also not available in this case so as to

detain him in custody for a further period.

6. Considering the quantity of the contraband involved, the

age of the petitioner as well the other facts and circumstances

involved in this case, though the gravity of the offence alleged

against him is grave, I am inclined to release him on bail 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 for the like

sum each to the satisfaction of the court having

jurisdiction. One surety shall be his close relative.

(ii) The petitioner shall not directly or indirectly, make

any inducement, threat or promise to any person BAIL APPL. NO. 7529 OF 2021

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.

(iii) The petitioner shall not commit any offence while

on bail.

In case of violation of any of the above conditions, the

jurisdictional court is empowered to cancel the bail in accordance

with the law.

Sd/-

SHIRCY V.

JUDGE mpm