Ashir vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

The petitioner is the 1st accused in Crime No.582/2023 of Punnapra Police Station, Alappuzha District, for having allegedly committed offences punishable under Section 22(2) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that on 23/06/2023 at about 8.30 p.m., the defacto complainant got reliable information regarding the transportation of MDMA in a Car, and after recording the said information, they waited at Kalithattu Junction and found the said car and interrupted it and on search of the body of accused nothing was recovered but on search of the vehicle of accused they recovered 11.20 grams of MDMA and they arrested the petitioner and a lady who travelled along with him and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. It is seen that this Court had granted interim bail to the petitioner by order dated 04/09/2023 for a period of one month.

The learned public prosecutor opposed the petition.

Learned Public Prosecutor makes available a copy of the chemical analysis report, which shows that the contraband involved is methamphetamine and not MDMA. Since only an intermediate quantity of methamphetamine is involved, I am inclined to grant bail to the petitioner, taking note of the fact he has been in custody since 24/06/2023 and there are no other antecedents under the NDPS Act. The petitioner has already been granted interim bail as per the order of this Court dated 4/09/2023.

In such circumstances, I am inclined to pass an order making the interim bail absolute, subject to the following conditions:

(i) The petitioner shall appear before the Court concerned/ Investigating Officer as and when directed by them.

(ii) The petitioner shall not directly or indirectly contact or influence the witnesses during the bail period.

(iii) The petitioner shall surrender his passport, if any, before the jurisdictional court while executing the bail bond and only on production of the same shall he be released.

(iv) If the petitioner has no passport, he shall file an affidavit to that effect on the execution of the bond or within three days thereafter.

(v) If any of the conditions are violated, the Investigating Officer will be free to file an appropriate application before this Court for cancellation of the bail.