Sangeeth vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 2nd accused in Crime No.14/2023 of Excise Enforcement and Anti Narcotic Special Squad, Ernakulam District (wrongly mentioned as accused No.1 in the bail application). The offences alleged against the petitioner are under Sections 25, 27(a), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, the accused was found in possession of 25.2534 Grams of MDMA on 18.02.2023 and thereby committed the offences alleged.

Sri.M.I.Muhammed Musthafa, learned Counsel for the petitioner submitted that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that information has been received that the contraband on analysis was found to be not MDMA, but Methametamine Chloride and hence the offence has been altered from Section 22(c) to 22(b) of the NDPS Act. It was further submitted that considering the period of detention of the petitioner from 18.02.2023, he ought to be released on bail.

Smt.Sreeja.V., learned Public Prosecutor on the other hand opposed the grant of bail and submitted that though it is true that the contraband on analysis was revealed to be Methamphetamine Chloride, considering the quantity seized from the petitioner, bail ought not to be granted. It was further submitted that petitioner has not involved himself in any other crime, till date.

I have considered the rival contentions.

It is now revealed that the contraband seized is not MDMA, but Methamphetamine Chloride, the commercial quantity of which is 50 grams, while that of MDMA is 20 grams. It is therefore evident that the offence alleged against the petitioner falls under the category of possessing contraband less than the commercial quantity. Therefore, the restrictive provision under Section 37 of the NDPS Act will not apply. Petitioner is only 27 years of age and has already undergone detention from 18.02.2023.

Considering the quantity of drugs seized from the petitioner and the period of detention undergone, and also the fact that investigation is almost completed, apart from absence of any antecedents, I am of the view that petitioner can be released on bail subject to conditions:

Accordingly, this bail 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.