Rohin @ Munna vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 4th accused in Crime No.684 of 2022 of Parippally Police Station, Kollam registered alleging commission of offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that on 20.08.2022 at 13 hours at the house of 1st accused at Kottakkeram Cheri, 1st accused was found in possession of 30.340 grams of MDMA and accused Nos. 2 to 4 were found in possession of 1.01, 1.03 and 1.17 grams of MDMA respectively, for the purpose of sale and thereby committed the aforementioned offences.

Petitioner submits that he is in custody from 20.08.2022 onwards and that he has been falsely implicated in the abovesaid crime. Even though he moved an application for regular bail earlier before this Court, the same was dismissed as per Annexure-2 order. Petitioner further submits that the investigation in the case is almost over and there is no purpose in further detaining him in custody. Petitioner has a specific case that the alleged contraband is not MDMA as alleged by the prosecution.

On the basis of the above specific assertion, a report was called for through the learned Public Prosecutor from the Chemical Examiner's Laboratory concerned regarding the alleged contraband. The learned Public Prosecutor on the basis of the report submitted that in the chemical analysis the contraband is found to be methamphetamine. Since the quantity involved is 30.340 grams, same is only an intermediate quantity inasmuch as the commercial quantity of methamphetamine is 50 grams.

Learned Public Prosecutor opposed the application for bail mainly contending that the petitioner is involved in another NDPS case, ie. Crime No.1 of 2022 of Varkala Excise Range. Learned Public Prosecutor further submits that the offence under Section 22(c) of the NDPS Act was deleted and the offence under Section 22(b) has been added by filing a report before the jurisdictional court.

Even though the total quantity of contraband seized from all the accused together is 30.340 grams, even going by the prosecution case only 1.17 grams of MDMA was seized from the possession of the petitioner. Considering the facts and circumstances of the case and the fact that petitioner is in custody from 20.08.2022 onwards and going by the chemical analysis report the alleged contraband is only of an intermediate quantity, I am inclined to grant bail to the petitioner, but taking note of the serious objection of the learned Public Prosecutor, the same shall only be on stringent conditions.

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

(ii) He shall appear before the investigating officer in Crime No.684 of 2022 of Parippally Police Station, Kollam on all Saturdays at 11.00 a.m. for a period of six months.

(iii) He shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

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

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.684 of 2022 of Parippally Police Station, Kollam may file an application before the jurisdictional court, for cancellation of bail.