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Court granted bail to the petitioner after 46 days of custody who was held in the possession of MDMA : High Court of Kerala

Petitioner was granted bail after 46 days of custody as the continued detention is not necessary for the purpose of investigation and no criminal antecedents are reported against the petitioner subjected to certain conditions upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of SHIHABUDHEEN vs. STATE OF KERALA (BAIL APPL. NO. 1618 OF 2022) on 18th March, 2022.

Facts of the case are that The petitioner is the accused in Crime No. 120 of  which was registered alleging commission of offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. And the allegations against the petitioner is that while the petitioner was travelling along with the 1st accused, on the basis of some suspicion, the Sub Inspector of Police, Thondernadu Police Station, stopped the car and searched the 1st accused and found 0.62 grams of MDMA from him.

Learned counsel for the petitioner submit that going by the materials on record, there is no recovery of contraband from the petitioner. It is submitted that the petitioner is absolutely innocent in the matter and that the only allegation against the petitioner is that a Rs.10/- note, which contains traces of MDMA, was recovered from the petitioner. It is further submitted that the petitioner has been in custody for 46 days as on today and that his continued detention is not necessary for the purpose of any investigation.

Public prosecutor vehemently opposes grant of bail. The circumstances appearing in the case are pointed out from records. It is submitted that the MDMA along with a glass pipe and the Rs.10/- note mentioned above were recovered from the possession of the accused. It is further submitted that there are sufficient materials to show that the petitioner and the 1 st accused were involved in the use of MDMA.

Regard to the facts and circumstances of the case, the court grant bail to the petitioner as no criminal antecedents are reported against the petitioner. And  continued detention of the petitioner does not appear to be necessary for the purpose of any investigation on certain conditions –

The petitioner shall execute bond for a sum of Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court and Petitioner shall appear before the investigating officer whenever called upon to do so and shall not involve in any other crime while on bail.

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Judgment reviewed by – Amit Singh

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