Muhammed Rinshin vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the 4th accused in Crime No.20/2023 of Nattukal Police Station which was registered for the offences punishable under Sections 22(c) read with Section 8(c) and 29 of NDPS Act.

The prosecution case is that on 17.01.2023 at about 12.30 a.m. the petitioner along with three other accused were found in a car bearing Registration No.KL 09 AN 0006. On inspection 21.080 grams of MDMA was found in their possession and the crime was registered in such circumstances. The petitioner along with other accused were altogether arrested on the same day. Since then he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri. P.Samsudin, learned counsel for the petitioner and Sri.C.S. Hrithwik, learned Public Prosecutor for the State.

One of the crucial contentions raised by the learned counsel for the petitioner is that, the offence under Section 22(c) would not be attracted, as the contraband article allegedly recovered from the possession of petitioner is not MDMA but, it is methamphetamine. As the commercial quantity of methamphetamine as per the schedule is 50 grams, the quantity recovered from the possession of the petitioner, would come under the category of intermediate, to which Section 37 of the NDPS Act would not be applicable. The learned Public Prosecutor even though opposed the said application, it is confirmed that, in the chemical analysis report it was found that the contraband article was methamphetamine.

In such circumstances, the contention put forward by the learned counsel for the petitioner has to be accepted. The offence under Section 22(c) of the NDPS Act would not be attracted. The petitioner is in custody since 17.01.2023 and no criminal antecedents were also brought to my notice.

In such circumstances, I do not find any necessity of further incarceration. Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions:

i) The petitioner shall be released on bail on 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 jurisdictional Court.

ii) The petitioner shall fully co-operate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

iv) The petitioner shall appear before the Investigating Officer as and when required.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave India without the permission of the jurisdictional court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.