Vishnu vs State Of Kerala

C.S.Dias, J

The application is filed under Sec.439 of the Code of Criminal Procedure, 1973, by the third accused in Crime No.1108/2023 of the Perinthalmanna Police Station, Malappuram, registered against the accused (three in number), for allegedly committing the offences punishable under Sections 22(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested on 3.11.2023.

The essence of the prosecution, is that: around 3.03 hours on 27.7.2023, the accused 1 and 2 were found in possession and transporting 48.7 grams of MDMA in a car bearing registration No.KL 10/BC 9965. In the investigation, it was revealed that the accused 1 and 2 purchased the contraband article from the third accused. Thus, the accused have committed the above offences.

Heard; Smt.Keerthi Jayanandhan, the learned counsel appearing for the petitioner and Smt. Seetha.S, the learned Public Prosecutor appearing for the respondents.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. There is nothing on record to substantiate that the petitioner is involved in the crime. He has been falsely implicated. Now, going by the chemical analysis report, it is found that the contraband article is methamphetamine and not MDMA. Therefore, even assuming that the petitioner has committed the offence, the contraband is only intermediate quantity. The petitioner was formerly arrested on 3.10.2023 in another crime. Therefore, the petitioner’s continued detention is unnecessary.

The learned Public Prosecutor opposed the application. She contended that the petitioner is involved in a case of similar nature. However, she conceded to the fact that, in the chemical analysis report it is found that the contraband article is 'methamphetamine' and not 'MDMA' as alleged in the first information report. Moreover, the final report has been laid before the jurisdictional Court and the investigation is complete.

The prosecution was lodged against the accused principally on the allegation that the accused were found in possession of 48.7 grams of 'MDMA'. It is on the basis of the said accusation, that the petitioner was arrested on 3.10.2023 and was remanded to judicial custody. It has now come on record, as per the chemical analysis report, the contraband article is 'methamphetamine' and not 'MDMA'. Therefore, the contraband is only intermediate quantity.

On a consideration of the materials placed on record, particularly the chemical analysis report wherein it is found that the contraband is 'methamphetamine', which is of intermediate quantity, that the petitioner is in custody since 3.10.2023 and that the investigation in the case is complete, I am of the view that the petitioner is entitled to be released on bail, 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 he is 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 moved and entertained by the court below.