Muhammed Muzamil vs State Of Kerala

Viju Abraham, J

These are applications for regular bail.

B.A.No.3482 of 2022 is filed by the 3rd accused, B.A.No.3508 of 2022 is filed by the 4th accused and B.A.No.4414 of 2022 is filed by the 2nd accused, in Crime No.290 of 2022 of Kalamassery Police Station, Ernakulam registered alleging commission of offences punishable under Sections 22(c), 20(b)(ii)A, 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”).

The case of the prosecution is that on 23.02.2022 at 5.15 p.m. the accused persons were found in possession of 17.73 grams of MDMA and 1.64 grams of ganja in the residence of 1st accused in contravention of the NDPS Act and Rules and thus committed the abovesaid offences.

When the matter was taken up today, the certificate of the chemical analysis of the contraband was placed before this Court by the learned Public Prosecutor, which revealed that the contraband involved is not MDMA, but methamphetamine. In the said examination it was also found that the other contraband involved is ganja. It is submitted by the learned Public Prosecutor that since it was found that the contraband involved in this case is methamphetamine and not MDMA, the quantity involved is only intermediate quantity and therefore the rigor of Section 37 of the NDPS Act will not come into play.

Learned counsel for the petitioners submitted that the petitioners are in custody from 23.02.2022 onwards and they have no other criminal antecedents.

Learned Public Prosecutor upon instructions submitted that the petitioners are not involved in any other crimes.

Having regard to the facts and circumstances of the case and taking into consideration the fact that the petitioner have no other criminal antecedents and also the fact that they are in custody from 23.02.2022 onwards, I am inclined to grant bail to the petitioners on stringent conditions. In the result, bail applications are allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) They shall appear before the investigating officer in Crime No.290 of 2022 of Kalamassery Police Station, Ernakulam on all Saturdays at 11.00 am until filing of charge sheet.

(iii) They shall surrender their passport before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail.

(iv) They shall not attempt to interfere with the investigation or to influence any witness in Crime No.290 of 2022 of Kalamassery Police Station, Ernakulam.

(v) They shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.290 of 2022 of Kalamassery Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.