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2021 (7) TMI 592 - HC - Indian LawsSeizure of Contraband item - Hashish Oil - prosecution records show that the first accused was arrested, and noting was seized from petitioner - HELD THAT - The prime accused, from whom the contraband was seized, has already been granted statutory bail. No further purpose can be served by detaining the petitioner in custody - petitioner shall be released on execution of bonds and subject to fulfilment of conditions imposed - petition allowed.
Issues: Bail application under Section 439 of the Cr.P.C.
Analysis: The judgment pertains to a bail application made under Section 439 of the Cr.P.C. by the 2nd accused in a Sessions Case involving the possession of Hashish Oil. The first accused was arrested with the contraband, leading to the petitioner being implicated as the 2nd accused based on a confession statement. The petitioner, in this case, has no seized items and no prior NDPS cases against him. However, the prosecution highlighted the petitioner's involvement in other cases under the Indian Penal Code (IPC) without specific details. The allegations against the petitioner are under various sections of the NDPS Act, 1985. The court noted that the prime accused, who was in possession of the contraband, had already been granted statutory bail. Considering this, the court found no further purpose in detaining the petitioner in custody. The Special Prosecutor expressed concerns that the petitioner might abscond or commit similar offenses if released. To address these concerns, the court imposed stringent conditions for granting bail to the petitioner. The conditions for bail included the execution of a bond of ?50,000 with two solvent sureties, refraining from contacting witnesses or tampering with evidence, staying within the Kannur Revenue District without court permission, abstaining from criminal activities during the bail period, appearing before the Investigating Officer or trial court as required, following Covid-19 guidelines on social distancing, and allowing the jurisdictional court to cancel bail if any conditions were violated. Ultimately, the court allowed the bail application based on the imposed conditions to ensure the petitioner's compliance with the legal requirements.
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