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Judgment
21 paragraphs · 387 wordsAshok Menon, J
APPLICATION FOR REGULAR BAIL
The applicant is an accused in Crime No.107 of 2020 of Kodenchery Police Station, Kozhikode in which the final report has already been filed and
taken on the file of the Court of the Special Judge, NDPS Act cases, Vadakara as S.C.No.52 of 2020. The final report was filed within the statutory
period fixed for filing the final report. But, no chemical examination report was filed together with the final report as is abundantly clear from the
report filed by the jurisdictional court.
The applicant had approached this Court for regular bail which was dismissed on the ground that commercial quantity of narcotic drug was
involved. And, therefore, he approached the jurisdictional court for statutory bail under Section 36-A (4) of the NDPS Act. The applicant has been in
custody for more than a year.
The jurisdictional court dismissed the application for statutory bail stating that the final report has already been filed. The contraband involved is
2.045 Kgs of ganja which is intermediary quantity and 25 grams of MDMA. Without a chemical examination report to confirm that the contraband is
MDMA, it cannot be said that the applicant was in possession of commercial quantity of MDMA. It has been more than a year and the prosecution
has not been able to secure a chemical examination report confirming their final report that the contraband seized from the accused is MDMA. Under
the circumstances, I find that the applicant is entitled to statutory bail under Section 167(2) r/w Section 36-A (4) of the NDPS Act.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees One
lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.