Sharon Jude vs State Of Kerala

Bechu Kurian Thomas, J.

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

Petitioner is the accused in Crime No.300 of 2023 of Aroor Police Station, Alappuzha, alleging offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, accused was found in possession of 0.99 grams of MDMA for the purpose of sale and thereby committed the offence alleged.

Sri.Sanil Kunjachan, learned counsel for the petitioner, contended that the prosecution allegations are false and the contraband seized from the petitioner could never have been MDMA. It was also submitted that if the chemical analysis report is obtained, the same would have revealed a totally different product and therefore, the petitioner is being falsely proceeded against. Learned counsel also submitted that petitioner was arrested on 23.04.2023 and by virtue of the rules in force, the chemical analysis ought to have been completed within 15 days and since the same has not been carried out and taking note of the quantity seized, the petitioner ought to be released on bail.

Smt.V.Sreeja, learned Public Prosecutor, opposed the application and submitted that the allegations are serious and that petitioner is alleged to have seen in possession of MDMA, the small quantity of which is 0.5 grams. It was also submitted though the chemical analysis report has not yet been received and the investigation is almost completed, if the petitioner is released on bail, it will prejudice the prosecution case.

I have considered the rival contentions.

Even according to the prosecution, the contraband seized from the petitioner is 0.99 grams of MDMA. Since the commercial quantity of MDMA is 20 grams, the petitioner was found to be in possession of less than the commercial quantity. Chemical analysis report has not yet been received. Though the petitioner asserts that the contraband is not MDMA, the same can be determined only after the chemical analysis report is received. However, taking into consideration the period of detention already undergone as well as the young age of the petitioner, I am of the view that further detention is not essential.

Accordingly, 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.