Aqil Muhammed Hussain vs Inspector Of Police, Medical College Police Station, Thrissur District 680596

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.53/2022 of Medical College police station, Thrissur district, alleging commission of offence under Section

22(b) of the Narcotic Drugs and Psychotrpic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act).

Allegation against the petitioner is that on 17.01.2022, he was found in possession of 2.780 gms of MDMA in four self locking plastic covers and

one LSD stamp. There is an allegation that the drugs were kept both for personal consumption and for the purpose of sale.

Learned counsel appearing for the petitioner would submit that the petitioner is a medical graduate undergoing internship in the Government Medical

College Hospital, Thrissur. It is submitted that the petitioner has absolutely no connection with Room No.15 of MIT hostel, Peringadoor from where

the drugs were seized. It is submitted that the petitioner has been falsely implicated. It is submitted that the career of the petitioner will be destroyed, if

he is continued in custody. It is submitted that the alleged quantity of drugs, being in intermediate quantity, the rigour of Section 37 of the NDPS Act is

not attracted. It is submitted that the petitioner was arrested on 17.01.2021 and was remanded to judicial custody on 18.01.2022. It is submitted that

the continued detention of the petitioner is not necessary for the purpose of investigation into the crime.

Learned Public Prosecutor vehemently opposes the grant of bail . It is submitted that a person found in possession of prohibited and dangerous

drugs, whatever be the quantity, is not entitled to bail, even if the provisions of Section 37 of the NDPS Act are not applicable. It is submitted that the

four packets of MDMA and one LSD stamp were found from the purse of the petitioner and he cannot suggest that he was not in conscious

possession of the drugs in question. It is submitted that the case of the petitioner that he was falsely implicated is completely false. It is submitted that

if the petitioner is released on bail, there is every chance of similar offence being repeated in future.

Having regard to the facts and circumstances of the case, I am inclined to take a lenient view in the matter, taking into consideration of the fact that

the petitioner is stated to a MBBS graduate, who is undergoing internship in the Thrissur Medical College. Though in the facts and circumstances of

the case I would have normally rejected the application for bail, the above fact compels me to grant bail to the petitioner,especially considering the fact

that no antecedents are reported against the petitioner. I also take note of the fact that continued detention of the petitioner is not necessary for the

purpose of any investigation. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the

following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the

jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.53/2022 of Medical College police station, Thrissur Police station on every Saturday at 11 am

until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.53/2022 of Medical College police station,

Thrissur;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and

file the same before the said court within seven days of release on bail;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.53/2022 of Medical College police station, Thrissur may file an

application before the jurisdictional court, for cancellation of bail.