Shafeer A vs State Of Kerala

Viju Abraham , J

This is an application for regular bail.

Petitioner is the 1st accused in Crime No.65 of 2021 of Sulthan Bathery Excise Range, Wayanad registered alleging commission of offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The case in the occurrence report is that on 10.12.2021 at about 9.20 a.m. the Excise Circle Inspector, Muthanga Check Post searched the white Maruthi Ritz car bearing registration No.KL-72-5072 in which accused Nos.1 and 2 were travelling and seized 69 grams of MDMA from the dashboard of the car and after complying with all the formalities of search and seizure under the NDPS Act they were arrested. In the chemical analysis the contraband was reported to be not MDMA but only methamphetamine.

Petitioner submits that he is in custody from 10.12.2021 onwards and has undergone more than one year and seven months custody. Though he has moved this Court earlier seeking bail the same was dismissed as withdrawn as per Annexure-1 order. Petitioner further submits that the trial of the case is not yet started and the same has been scheduled for trial. Petitioner also submits that he has no other criminal antecedents and he relies on the judgment in Fasal v. State of Kerala [2023 (3) KHC 212].

Heard the learned Public Prosecutor who upon instructions submitted that it is true that the petitioner has no other criminal antecedents and he is in custody from 10.12.2021 onwards. The learned Public Prosecutor further submitted that though the alleged contraband was stated to be 69 grams of MDMA at the time of alleged seizure, going by Annexure-3 chemical analysis report the contraband was found to be not MDMA, but methamphetamine, the commercial quantity of which is 50 grams.

Considering the facts and circumstances of the case and taking into consideration the parameters fixed in Fasal’s case supra, I am inclined to grant bail to the petitioner on the following stringent conditions.

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

(ii) The petitioner shall appear before the trial court on all posting dates without fail, except specifically exempted by the trial court.

(iii) The petitioner shall not involve in any other crime while on bail.

(iv) The Petitioner shall not intimidate the witnesses or tamper with evidence.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.65 of 2021 of Sulthan Bathery Excise Range, Wayanad may file an application before the jurisdictional court, for cancellation of bail.