Jyothish K.U vs State Of Kerala

C.S.Dias, J

The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘the BNSS’ for short), by the 2nd accused in Crime No.992/2024 of the Irinjalakkuda Police Station, Thrissur, which is registered against them for allegedly committing the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act', in short). The petitioner was arrested on 18.08.2024.

The gist of the prosecution case is that: on 27.07.2024, at around 21.30 hours, the accused persons were found in possession and transporting 19.28 grams of MDMA in a motor cycle bearing Registration No.KL-75/D-6706. Thus, the accused have committed the above offence.

Heard; Sri.Nireesh Mathew, the learned counsel appearing for the petitioner and Smt. Pushpalatha M.K, the learned Senior Public Prosecutor.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to substantiate the petitioner’s involvement in the crime. Investigating Officer has deliberately implicated the petitioner as an accused. The petitioner has reliably learnt that as per the Chemical Analysis Report, the contraband involved in the case is methamphetamine and not MDMA. Therefore, the contraband is of an intermediate quantity. The petitioner has been in judicial custody from 18.08.2024, the investigation in the case is practically complete, the recovery has been effected and the complaint has been filed. Furthermore, the petitioner does not have any criminal antecedents. Hence, the application may be allowed.

The learned Public Prosecutor opposed the application. She submitted that if the petitioner is enlarged on bail, there is a likelihood of him committing a similar offence. Nonetheless she did not dispute the fact that the investigation in the case is complete and the complaint has been filed. She also made available the Chemical Analysis Report submitted by the Regional Forensic Science Laboratory, Thrissur dated 26.09.2024, which substantiates that the contraband involved in the case is methamphetamine and not MDMA.

The prosecution was launched against the petitioner on the allegation that he was found in conscious possession of 19.28 grams of MDMA, which is of a commercial quantity. Now, as per the Chemical Analysis Report referred to above, the contraband involved in the case is found to be methamphetamine, which is of an intermediate quantity. Indisputably, the petitioner has been in judicial custody from 18.08.2024, the investigation in the case is complete and complaint has been filed.

On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly on considering the fact that the petitioner has been in judicial custody from 18.08.2024, the investigation in the case is complete, the complaint has been filed and the contraband involved in the case is of an intermediate quantity and further that the petitioner does not have any criminal antecedents, I am inclined to allow the application.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer as and when directed.

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].