Bibin Baby 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 accused in Crime No. 15/2023 of Kuttanad Excise Range, Alappuzha, for having allegedly committed offences punishable under Sections 20(b)(ii)A and 22(c) of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioner is that, on 11/07/2023 at 10.30 p.m., a search was conducted by the excise officials on information at the residence of the accused and seized 15 grams of ganja and 18.053 grams of MDMA and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 11/07/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and made available a copy of the FSL report, which seems to suggest that the contraband seized is 18.053 gm of Methamphetamine and not MDMA and also 15 grams of ganja, which are intermediary quantities. Taking into account the fact that the petitioner has been under detention since 11/07/2023 and also the fact that the chemical report shows that the quantity seized is only an intermediary quantity, the rigour under Section 37 of the NDPS Act is not applicable. No apprehension was raised by the prosecution that if released on bail, the petitioner is likely to abscond. It is also to be noted that no other criminal antecedents have been reported against the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

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

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;