Tinoy Jose vs State Of Kerala

C.S.Dias, J

The applications are filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused Nos.1 & 2 in Crime No.1/2024 of the Excise Range Office, Chalakkudy, Thrissur, registered against them for allegedly committing the offences punishable under Sections 8(C), 22(c), 29 & 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘NDPS Act’). The petitioners were arrested on 09.01.2024.

The crux of the prosecution case is that: on 09.01.2024, at around 16.45 hours, while the detecting officer and his party were conducting inspection of vehicles in front of the Vettilappara Excise Check post, they found the accused in suspicious circumstances. After complying with the legal formalities, they conducted the search of the accused and found them in possession of 13.198 grams of MDMA, which was transported by them in contravention of the provisions of the NDPS Act. The accused were arrested then and there from the spot with the contraband article. Thus, the accused have committed the above offences.

Heard; Sri. Sarath Babu Kottakkal, the learned counsel appearing for the petitioners and Sri. C. S. Hrithwik and Smt. Seetha S., the learned Senior Public Prosecutors appearing for the respondent – State.

The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusation levelled against them. They have been falsely implicated in the crime. The petitioners have been in judicial custody since 09.01.2024. The investigation in the case is complete and the recovery has been effected. The petitioners have reliably learnt that the contraband article allegedly seized from them is 'methamphetamine' and not 'MDMA'. Therefore, the contraband is of an intermediate quantity. Hence, the petitioners are entitled to be released on bail.

The learned Public Prosecutors opposed the applications. They contended that the investigation is in progress. Nonetheless, they conceded to the fact that the petitioners have no criminal antecedents and, further, as per the chemical analysis report issued by the Chemical Examiners Laboratory Department, Kakkanad, dated 17.02.2024, the contraband article is 'methamphetamine' and not 'MDMA'.

The prosecution was lodged against the accused principally on the allegation that they were found in possession of 13.198 grams of 'MDMA', which is of a commercial quantity. Now, as per the chemical analysis report, it has turned out that the contraband article is 'methamphetamine' and not 'MDMA'. Therefore, the contraband is only of an intermediate quantity.

After bestowing my anxious consideration to the facts, the rival submissions made across the Bar and the materials placed on record, especially the chemical analysis report, which shows that the contraband is methamphetamine and is of an intermediate quantity, that the petitioners have been in judicial custody since 09.01.2024, that the investigation is practically complete and recovery has been effected, I am of the view that the petitioners’ further detention is unnecessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioners shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of three months or till the final report is laid, whichever is earlier. They shall also appear before the Investigating Officer as and when required;

(ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii)The petitioners shall not commit any offence while they are on bail;

(iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file affidavits to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State(NCT of Delhi) and Anr.[2020 (1) KHC 663].