Muhammed Uvais vs State Of Kerala

Mohammed Nias C.P., J

This is the second application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the first accused in crime No.6/2023 of Kalikavu Excise Range Office, Malappuram district, for having committed offences punishable under Sections 22(c), 8(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act (for short, the Act).

The prosecution case is that on 31.03.2023 at 7.50 a.m., at Vadapuram Deseom, A1 was found possessing 61.544 gms of MDMA in a car bearing Reg.No.KL 10 BA 7253 and A2 was found to have purchased 1.045 gms of MDMA from A1 and kept in car bearing Reg.No.KL 17 M 1285 and thereby the accused committed the above offences.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 31.03.2023, and continued custody of the petitioner is unnecessary. He further submitted that there is a violation of Sections 42 and 50 of the Act. He also argues that no antecedents are reported against the petitioner herein.

The learned Public Prosecutor opposed the petition. He has filed a report, in which it is stated that Sections 42 and 50 of the Act have been complied with.

It is pointed out by both sides that the FSL report filed shows that the contraband seized is methamphetamine and not MDMA. Though the contraband is not MDMA, the quantity involved is 61.544 gms, which is 10 grams above the commercial quantity. It is also pointed out that A2 has already been granted bail by this Court by orders dated 31.7.2023 in BA No.4689/2023. Taking note of the fact that the second accused was granted bail, no antecedents are reported against the petitioner, the FSL report shows that the contraband involved is just above the commercial quantity, the fact that the petitioner was detained since 31.3.2023, and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail this petitioner.

Accordingly, 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 cooperate with the investigation.

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

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

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court.

(vi) The petitioner shall not commit any offence of a similar nature while on bail.

(vii) 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.

(viii) The petitioner shall not leave India without the permission of the trial 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.