Sharon vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the first accused in Crime No.648 of 2022 of Cherthala Police Station, Alappuzha where, he alleged to have committed offences punishable under Sections 22(b) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act.

Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

I have perused the Case Diary materials and the copy of chemical analysis report produced by the learned Public Prosecutor.

Precisely, the allegation of the prosecution is that, at 8.30 hours on 30.08.2022, the accused were found in possession of 33.780 gram of MDMA which was transported from Bangalore against the restrictions contained in the Narcotic Drugs and Psychotropic Substances Act. Accordingly, crime was registered alleging commission of offences punishable under Sections 22(c) r/w 29 of the NDPS Act.

It is submitted by the learned counsel for the petitioner that, when this Court considered bail application of the second accused, after noticing the fact that the contraband was not MDMA but the same was Methamphetamine, treating the same as intermediate quantity, this Court granted bail to the second accused, since the rider under Section 37 of the NDPS Act found to be inapplicable. Therefore, the learned counsel for the petitioner pressed for grant of regular bail.

In the report placed by the Investigating Officer through the learned Public Prosecutor, it is stated that the offence has been changed from 22(c) to 22(b) r/w 29 of the NDPS Act, since the contraband was found to be Methamphetamine and 33.780 gram of Methamphetamine is intermediate quantity. In the copy of the chemical analysis report also, the contraband was found to be Methamphetamine and not MDMA. Here the petitioner has been in custody from 30.08.2022, in a case, at present involving intermediate quantity. Therefore, he can be enlarged on bail, taking note of the progress of investigation as well as his prolonged custody. Therefore, I am inclined to release him on bail.

Therefore, this petition stands allowed and he is released on bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The  petitioner  shall  appear  before  the Investigating Officer as and when directed.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.