The Kerala High Court granted bail to a second accused facing charges under the NDPS Act for alleged possession of ganja, contingent on surrender for interrogation and specific conditions including bond and reporting requirements.
Petitioner granted bail on bond of Rs.35,000 with three sureties, directed to surrender for interrogation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
FRIDAY, THE 7TH DAY OF FEBRUARY 2014/18TH MAGHA, 1935
Bail Appl..No. 883 of 2014 () -----------------------------CR.NO.3/2014 OF NARCOTIC ENFORCEMENT SUARD, EXCISE CIRCLE ADIMALI, IDUKKI DISTRICT
PETITIONER/2ND ACCUSED:
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V.M. DOMINIC CHEMBAKAPPARA P.O., UDUMBANCHOLA TALUK VATHIKUDY VILLAGE, IDUKKI DISTRICT.
BY ADV. SRI.BABY MATHEW
RESPONDENT :
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2. EXCISE CIRCLE INSPECTOR, NARCOTIC ENFORCEMENT SQUAD, ADMALI IDUKKI DISTRICT - 685 561.
BY PUBLIC PROSECUTOR SMT.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
THOMAS P. JOSEPH, J
B.A.No.883 of 2014
Dated this the 7th day of February, 2014
ORDER
Petitioner is the second accused in Crime No.03 of 2014 of the Narcotic Enforcement Squad, Excise Circle Adimali, for the offences punishable under Sections 20(b)(ii)(C) r/w Section 8(C) of the NDPS Act, for alleged possession of 67 kgs of ganja, apprehends arrest and has filed the applications.
B.A.No.883 of 2014
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S/o. Dominic,'Vazhayil House' (stated to be first accused). In the light of the above, I am inclined to grant relief to the petitioner.
Application is disposed as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.03 of 2014 of the Narcotic Enforcement Squad, Excise Circle Adimali on 13.02.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days as may be specified by him which the petitioner shall comply.
(iii) Petitioner shall co-operate with investigation of the
case.
(iv) In case the petitioner is arrested, he shall be produced in the Principal Sessions Court, Thodupuzha/Special Court for trial of NDPS Act cases, Thodupuzha as the case may be.
(vi) On such production, the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for Rs.35,000/- (Rupees thirty five thousand only) with three sureties for the like sum each to the satisfaction of the learned Sessions Judge and subject to the following conditions:
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(a) Whether or not he/she has landed property, one of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m until filing of the final report.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the
witnesses.
(vii) In case the petitioner violates any of condition Nos. (b) to (e), bail granted hereby is liable to be cancelled for which the investigating officer may move application before the Principal Sessions Court, Thodupuzha/Special Court for trial of NDPS Act cases, Thodupuzha as the case may be as held in
P.K.Shaji Vs. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
AS
1 issue framed by the court
Whether bail should be granted to the second accused in a narcotics case involving alleged possession of ganja.
Colour shows how this judgement treated each authority
P.K.Shaji Vs. State of KeralaReferred¶43
(AIR 2006 SC 100) · Who else cites this
2 provisions across 1 enactments
V.M. Dominic Chembakappara
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Thomas P. Joseph
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