Ajmal Sha vs State Of Kerala

Bechu Kurian Thomas, J

These are applications seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner in B.A.No.4223/2023 is the 1st accused while the petitioner in B.A.No.3831/2023 is the 3rd accused in Crime No.680/2023 of Ernakulam Town North Police Station, Ernakulam. The offences alleged against the petitioners are under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, on 13.04.2023, the accused were found in possession of 14.90 Grams of MDMA and thereby committed the offences alleged.

Sri.Latheef.P.K. learned Counsel appearing for the petitioner in B.A.No.4223/2023 and Sri.S.K.Saju, learned Counsel for the petitioner in B.A.No.3831/2023 submitted that the chemical analysis report of the contraband seized, revealed that the article was Methamphetamine Hydrochloride and not MDMA. It was further submitted that the commercial quantity of the methamphetamine hydrochloride is 50 Grams, while the petitioners are alleged to have possessed only 14.09, which is less than the commercial quantity.

Smt.Neema.T.V., learned Public Prosecutor opposed the grant of bail. However, it was submitted that the chemical analysis report reveals that contraband seized is not MDMA, but Methamphetamine Hydrochloride and that petitioners are not involved in any other criminal activities..

Petitioners are young persons. One of them is a law student. Since it is now revealed that the contraband seized is not MDMA, but Methamphetamine Hydrochloride, the commercial quantity of which is 50 Gram, and taking into consideration the absence of any antecedents, apart from the custody of the petitioners from 13.04.2023, I am of the view that petitioners can be released on bail subject to conditions:

Accordingly, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on them executing a bond for Rs.1,00,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall appear before the Investigating Officer on every alternative Saturdays commencing from 17.06.2023 between 09.00 am and 11.am, until filing of the final report.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.