Sachin Abraham vs State Of Kerala

Bechu Kurian Thomas, J.

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the 2nd accused in Crime No.6 of 2023 of Excise Range, Vadanappilly, Thrissur, alleging offences under Sections 22(c), 29 & 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, the accused was found in possession of 10.068 grams of MDMA on 14.02.2023 and thus committed the offences alleged.

Sri.Santhosh M.J., the learned counsel for the petitioner contended that though the crime was registered alleging the petitioner and another accused to be in possession of 11.11 grams of MDMA, after chemical analysis of the contraband, it was reported that the product was Methamphetamine Chloride. According to the learned counsel, since the contraband was Methamphetamine Chloride, the quantity allegedly seized from the petitioner is only less than the commercial quantity and hence considering the period of detention already undergone from 14.02.2023, petitioner ought to be released on bail.

Sri.Noushad K.A., the learned Public Prosecutor opposed the application and submitted that even though the chemical analysis report revealed the contraband to be Methamphetamine Chloride, considering the seriousness of the allegation, petitioner ought not to be released on bail. It was further submitted that if the petitioner is released on bail, great prejudice would be occasioned to the investigation.

On a consideration of the rival contentions, I notice that petitioner was arrested on 14.02.2023. Though initially, the contraband was assumed to be MDMA, on chemical analysis, it was revealed that the same is Methamphetamine Chloride. The commercial quantity of Methamphetamine Chloride is 50 grams and petitioner was found to be in possession of 10.68 grams. Since the quantity seized from the petitioner is only intermediate and is not substantially very high, I am of the view that considering the period of detention already undergone, petitioner can be released on bail on conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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