SHIFFIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 18th day of September 2019 In the petition on hand, condition No.1 to the extent of directing the petitioner to deposit Rs.20,000/- while granting bail to him by order passed by Court of Sessions, Palakkad in Crime No.52/2019 of Palakkad Excise Range, Palakkad, copy of which is appended to this petition as Annexure-A, is sought to be set aside. The petitioner is the 1 st accused in the above crime, wherein offences punishable under Section 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') were alleged against him.

(2.) As per the allegation of the prosecution 6.3 Kgs of ganja was seized from the possession of accused by Excise Inspector, Palakkad Excise Range and party on 13.06.2019 at around 11.15 a.m from a place near the electric post bearing No.B.B/DPO-11/N-17 in the link road behind K.S.R.T.C Bus Stand in Yakkara Village in Palakkad Taluk and they were caught red handed.

(3.) Bail was granted to the petitioner by Court of Sessions, Palakkad on 12.7.2019 by Annexure-A order. While ordering to release the petitioner on bail, the court had imposed five conditions, the first among which is under challenge herein. While imposing condition No.1, the court has directed the petitioner to execute a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to its satisfaction. The court has further directed that the sureties must be his parents and close relatives. A direction to deposit Rs.20,000/- as cash security simultaneous to the execution of the bail bond, was also incorporated in the order.