Vishnu vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.27/2023 of the Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram, registered against the petitioner for allegedly committing the offences under Sections 8(c), 22(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act). The petitioner was arrested on 9.10.2023.

The gist of the prosecution case is that; on 9.10.2023 around 7.50 p.m., the accused was found in possession and transporting 15.43 grams of MDMA in a motorbike bearing registration No.KL 22-M-4763 at Pallichal Village. Thus, the accused has committed the above offences.

Heard Sri. Gokul D. Sudhakaran, learned counsel appearing for the petitioner and Smt. Neema T.V., the learned Public Prosecutor appearing for the respondents.

Learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The petitioner has been in judicial custody since 9.10.2023, which is more than three months. The petitioner is the sole breadwinner of the family. The contraband articles allegedly seized by the Investigating Officer is not MDMA as alleged by the prosecution. The petitioner is willing to co-operate with the investigation and to abide by any stringent condition that may be imposed by this Court. Hence, the petitioner may be released on bail.

The learned Public Prosecutor opposed the application. She submitted that the investigation is still in progress. Nonetheless, she made available a copy of the Certificate of the Chemical Analysis Report dated 1.1.2024, wherein it is found that the contraband is Methamphetamine and not MDMA. Therefore, she conceded to the fact that the contraband is of intermediate quantity.

After bestowing my anxious consideration to the materials placed on record, particularly to the certificate of the chemical analysis report dated 1.1.2024 issued by the Chemical Examiner’s Laboratory Department, Thiruvananthapuram, wherein it is found that the contraband article is Methamphetamine and not MDMA, which is intermediate quantity and that the petitioner has been in incarceration since 9.10.2023, that the petitioner has no criminal antecedents and further that the investigation in the case is practically complete, I am of the view that the petitioner is entitled to be released on bail, but subject to stringent conditions.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) 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 petitioner shall appear before the Investigating Officer as and when required;

(ii) The petitioner 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 him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

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

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit 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 filed and entertained before 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 petitioner even while the petitioner is on bail as laid down  by  the  Hon'ble  Supreme  Court  in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].