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Judgment
14 paragraphs · 390 wordsGopinath P, J
This is an application for regular bail.
The petitioner is the accused No.3 in Crime No.867/2021 of Kalamassery Police Station, Ernakulam District, which was registered alleging commission of offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act').
The allegation against the petitioner is that he was found in possession of 17.890 grams of MDMA and thereby he committed the offence alleged against him.
Today, when the matter is taken up for consideration, it is the submission of the learned counsel for the petitioner that the prosecution has obtained a report from the Forensic Science Laboratory, which indicates that the substance is not MDMA, but is Methamphetamine. This is not disputed by the learned Public Prosecutor.
It is submitted that this bail application was filed on 31.1.2022. It is submitted that, as on 15.2.2022, the petitioner is entitled to statutory bail as the contraband recovered is not in commercial quantities, considering the fact that the substance is now found to be Methamphetamine and not MDMA.
Heard the learned Public Prosecutor also. The learned Public Prosecutor submits that the a final report has not been filed in the matter.
Taking note of the above and considering the fact that the petitioner is entitled to statutory bail, I am of the view that the petitioner can be released on bail subject to conditions.
In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-
(i) The petitioner shall execute a 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) The Petitioner shall report before the Investigating officer in Crime No.867/2021 of Kalamassery Police Station on every Saturday at 11 a.m until further orders;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.867/2021 of Kalamassery Police Station;
(iv) 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.867/2021 of Kalamassery Police Station may file an application before the jurisdictional Court for cancellation of bail.