Suhaid Imthiyas vs State Of Kerala

Mohammed Nias C.P, J

This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the 1st accused in Crime No.348 of 2023 of Karamana Police Station. The offences alleged against the petitioner and other accused are under Sections 22(c), 27(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that on 21.04.2023, at about 13.40 hours, accused Nos.1 to 5 were found in possession of 27.02 grams of MDMA in plastic pouches along with meth pipes in room No.112 at Killi Tourist Home in Killipalam for the purpose of sale. In addition to that, a further inspection was conducted in the residence of the petitioner, wherein 44.77 grams of MDMA was found and thereby committed the aforesaid offences.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. It is also contended that the contraband article recovered from the possession of the petitioner is not MDMA and that the petitioner has been under judicial custody since 21.04.2023 and there is no purpose in keeping the petitioner in detention.

On the other hand, the learned Public Prosecutor opposed the prayer. However, it was confirmed that during the chemical analysis, it was revealed that the article recovered from the possession of the accused was not MDMA, but it was Methamphetamine.

I have gone through the records. It is true that there are certain allegations against the petitioner, and the contraband articles were recovered from the room that the petitioner occupied along with the accused persons. The quantity of the article recovered from the said room is 27.02 grams. However, now it is learned that the said article was Methamphetamine.

Since the commercial quantity as per the schedule of the NDPS Act is 50 grams, the quantity recovered from the room of the petitioner would come under the category of intermediate quantity. Though 44.77 grams of Methamphetamine was recovered from the house of the petitioner, taking note of the period of detention undergone by him and also the quantity recovered from the possession of the petitioner, I deem it appropriate to grant bail to the petitioner. While taking this view, I have specifically taken note of the fact that the petitioner was not involved in any other crimes of similar nature. Hence, the petitioner is directed to be released on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. on every Tuesday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required.

(v) The petitioner shall not commit any offence of a similar nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave India without the permission of the trial Court.

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