Mohsin Sheikh vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.34/2021 of Excise Range Office, Ernakulam alleging commission of offences under Sections 25 and

22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation against the petitioner is that he was found and possession of substances, which was suspected to be MDMA in the quantity of

23.4123 grams. The petitioner was arrested on 12.08.2021 and has been in custody since.

The learned counsel for the petitioner submits the substance recovered from the petitioner is not MDMA and it is only methamphetamine going by

the report received from the Regional Chemical Examiner's Laboratory, Ernakulam. It is submitted that the commercial quantity in respect of

methamphetamine is 50 grams and since the quantity recovered from the petitioner is 23.4123 grams, the quantity is an intermediate quantity and the

petitioner is entitled to statutory bail on expiry of 60 days in custody. It is submitted that no charge sheet has been filed in the matter till date.

I have heard the the learned Public Prosecutor also.

The learned Public Prosecutor submits that the drug in question was recovered from the pocket of the petitioner and it is clear that he was engaged

in the sale of illegal drugs. It is submitted that if the petitioner is released on bail, there is every chance of him repeating similar offences. However, it

is confirmed that going by the report received from the Regional Chemical Examiner's Laboratory, Ernakulam, the substance recovered from the

petitioner is not MDMA but it is methamphetamine, the commercial quantity of which is a quantity an excess of 50 grams.

Having regard to the facts and circumstances of the case and considering the fact that, as on date, the petitioner is entitled to statutory bail since the

quantity of drugs recovered from him is of intermediate quantity and considering the fact that the substance is methamphetamine and not MDMA, I

am inclined grant bail to the petitioner subject to strict conditions.

In the result, this application is allowed and 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.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.34/2021 of Excise Range Officer, Ernakulam on every Monday and Saturday at 9.00 am until

further orders;

(iii) The petitioner shall surrender his passport before the Jurisdictional Court. If the petitioner does not have a passport, he shall execute affidavit to that effect and

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

(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.34/2021 of Excise Range Officer, Ernakulam may file an

application before the Jurisdictional Court, for cancellation of bail.